1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The deceased D (the deceased on January 15, 2019, hereinafter “the deceased”) is the father of the deceased, and the Defendant B is the father of the deceased, and the deceased and the Defendant C’s children.

B. The Deceased purchased KRW 188,980,00 from N on October 31, 2013 and O on December 2, 2013, and completed the registration of ownership transfer on December 2, 2013, the Deceased sold KRW 225,00,00 to P on September 30, 2017, and completed the registration of ownership transfer on November 27, 2017.

C. Meanwhile, on July 30, 2012, the Plaintiff, who was living in Seoul, died on the lease of the Young Si E Apartment F around July 30, 2012. On February 6, 2014, the Deceased purchased the instant apartment, and was found as a director of the instant apartment on February 6, 2014, together with the Deceased and the Defendants.

On November 29, 2017, the Plaintiff, together with the Deceased and the Defendants, died on November 29, 201, with the Gowon L and the second floor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The parties' assertion

A. On July 30, 2012, the Plaintiff’s gist of the Plaintiff’s assertion: (a) leased E Apartments to KRW 50,000,000; (b) however, at the time of the purchase of the instant apartment, the Plaintiff was able to live together at the time of the purchase of the instant apartment; and (c) borrowed KRW 55,70,000 in total as 4,500,000 among them; and (d) 51,200,000 won was not yet refunded.

The above borrowed money obligation used by the deceased to purchase the apartment of this case constitutes a daily household obligation under Article 832 of the Civil Act, and thus, Defendant B, the deceased’s spouse, is jointly and severally liable with the deceased.

In addition, the Defendants, as the inheritor of the Deceased, are also liable to repay the above borrowed money to the Plaintiff according to the inheritance ratio.

Therefore, Defendant B is liable for the full repayment of the above loan, and Defendant C is jointly and severally liable with Defendant B for 20,480,000 won, which corresponds to the inheritance ratio of the above loan.