1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the spouse of the deceased C (hereinafter “the deceased”), and D, E, and F are the deceased’s children, and the deceased died on December 10, 2012.

B. On January 26, 2010, the Deceased purchased bathing houses located in No. 301 of the Daegu-gu G Building from the Defendant.

C. In accepting the above bath from the Defendant, the Deceased subrogated to KRW 17,148,550 in total, including taxes and public charges to be borne by the Defendant, and bank loans, etc. (hereinafter “liability, such as tax and public charges, etc. of this case”).

The defendant repaid the deceased 7,00,000 won out of the amount of subrogated payment.

Meanwhile, on the other hand, on February 22, 2010, the Defendant prepared a loan certificate stating that he borrowed KRW 6,00,000,000 (hereinafter “the loan certificate of this case”) and delivered it to the Deceased. As to Article 205 of the H second floor in the Daegu-gu, Daegu-gu, which is owned by the Defendant, the registration of creation of a neighboring mortgage with the obligor and the mortgagee as the Deceased was completed.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1 (the same as Eul evidence 4), Gap evidence 3 (the same as Eul evidence 6), Gap evidence 4, 7, 8, Eul evidence 1 and 2 (the same as Eul evidence 6), the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that he purchased a bath from the Defendant, and the Defendant paid KRW 7,00,000 to the Defendant after he subrogated for the liability of KRW 17,148,550, such as taxes and public charges of this case, which the Defendant ought to bear.

The Defendant’s obligation to the Deceased remains at KRW 10,148,550,00, but the Defendant completed the registration of the establishment of a neighboring property in the name of the Deceased as to the real estate owned by the Defendant, and thus, the Defendant is obligated to pay the Deceased the remainder of KRW 4,148,550 (=10,148,550 - 6,000,000).

As the deceased died on December 10, 2012, the Plaintiff succeeded solely to the property rights and obligations of the deceased, the Defendant shall pay the Plaintiff the above KRW 4,148,550 and damages for delay.