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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis of the facts do not conflict between the Parties.
The network E died on April 2, 2012.
Defendant B is the deceased’s wife, and the rest of the Defendants are the deceased’s children.
B. The Plaintiff holds a “certificate of rent” as of November 29, 201, as of December 201, 201, as indicated in the amount of KRW 50 million, repayment date, KRW 30,000 on December 30, 201, and KRW 10,000 on the date of repayment.
C. On November 29, 2011, the right to collateral security was established in relation to F apartment 2, 501, Dong 501 (hereinafter “instant apartment”) owned by the deceased.
The foregoing right to collateral security was cancelled due to the winning of the lawsuit filed against the plaintiff by the defendant B, who succeeded to the apartment of this case (No. 2012da79643).
2. Plaintiff’s assertion and judgment
A. The plaintiff asserts as follows.
The Deceased agreed to transfer the apartment of this case to the Plaintiff, and set up a collateral to the Plaintiff and set up a collateral. In the event that the Deceased died on his own until he died on his own, the Deceased had agreed to transfer the apartment of this case to the Plaintiff.
Since the Plaintiff faithfully performed the role of the government and nursing staff until the death of the Deceased, the Defendants, the inheritor of the Deceased, are obligated to transfer the ownership of the instant apartment to the Plaintiff. Nevertheless, the Defendants denied this and cancelled the right to collateral security in the name of the Plaintiff.
Therefore, the Defendants are obligated to pay immediately the amount of the instant loan certificate to the Plaintiff, or to pay the amount to the Plaintiff in preliminary case upon the arrival of December 30, 2019, which entered as the due date for repayment of the loan certificate.
B. Therefore, we first examine whether the deceased agreed on the content as alleged to the Plaintiff.
First of all, the loan certificate of this case (Evidence A 2) presented by the plaintiff as evidence of the agreement is different from the content of the agreement asserted by the plaintiff, and the repayment period is due on December 2019.