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1. The Defendant’s KRW 160,000,000 for the Plaintiff and 5% per annum from October 8, 2015 to March 27, 2017.
Reasons
1. Basic facts
A. Defendant and the network C are children of the network D and E, and the Plaintiff is a child of the network C.
B. On July 26, 2012, in order to secure the obligation to refund the lease deposit (hereinafter “the obligation to refund the lease deposit of this case”) owed by the Defendant to Nonparty F Co., Ltd. (hereinafter “F”), the network C completed the registration of creation of each class of the real estate (hereinafter “each of the instant real estate”) on July 26, 2012 owned by the network C, with the maximum debt amount KRW 320 million, the obligor, the Defendant, and the mortgagee F.
After the death of the deceased C, each of the instant real estate was inherited to the Plaintiff and Nonparty G according to its inheritance shares (1/2).
C. Each of the instant real estate was transferred to Nonparty 1, Inc. on September 9, 2015 through a public auction procedure, and F was distributed KRW 320 million in the said public auction procedure on October 7, 2015.
[Reasons for Recognition] The facts without dispute, Gap 2 and 3 evidence, the whole purport of the pleading
2. The defendant's judgment on the defense before the merits was finalized in the litigation proceedings between the plaintiff and the defendant (the Busan District Court 2015da203680 building name), that the legal relations between the plaintiff and the defendant related to the property inherited from the network D, E, and C were fully liquidated, and the decision of recommending reconciliation was finalized in the purport that the plaintiff would not make any claim related to the above deceased's property. The plaintiff's lawsuit in this case is related to the property inherited from the deceased C, and thus, it should be dismissed in conflict with the res judicata effect of the above decision recommending reconciliation.
In this case, the defendant filed an action against the plaintiff against the plaintiff as Busan District Court 2015Kadan203680, which was the property inherited by the deceased E, against the plaintiff. The above court decided on July 7, 2015 that the relationship between the plaintiff and the defendant as to the land I site in Busan Dong-gu, Busan, the land J site in Busan, and the K site in Busan Dong-gu.