beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 24, 2003, the Plaintiff acquired the claim against D from ELD Investment Securities Co., Ltd., and owned 35,575,185 won as of August 30, 2013 (i.e., the original creditor’s principal amounting to KRW 12,038,39, and delay damages amounting to KRW 20,173,718, and delay damages amounting to KRW 12,256,85 won and delay damages amounting to KRW 2,106,213).
B. D is a parent-friendly E and the network A’s father, and the Defendants are D’s words and omissions.
C. D and the Defendants: (a) on November 4, 2008, completed the registration of ownership transfer under the name of Dong, which was conducted on October 19, 2008 by reason of inheritance by agreement division (hereinafter “instant agreement”); (b) on real estate listed in the separate sheet of real estate (hereinafter “instant real estate”).
D was liable for 11,417,522 won without any particular positive property if the portion of inheritance for the instant real estate was excluded at the time of the instant consultation.
E. As to the instant real estate, on August 9, 1996, ① The National Bank of Korea (Korea Housing and Commercial Bank at the time of the establishment of the collateral security), the maximum debt amount of KRW 32.5 million, ② the National Bank of Korea Housing and Commercial Bank of Korea (Korea Housing and Commercial Bank at the time of the establishment of the collateral security), the maximum debt amount of KRW 32.5 million, ③ the debtor D, the Jeju Dai Farming Cooperative of Korea, the maximum debt amount of KRW 26 million (the actual loan amount of KRW 20 million) was respectively established on November 11, 200, and the secured debt amount of KRW 22,062,520 against the National Bank and Jeju Dai Farming Cooperative was KRW 11,417,522 against the Jeju Dai Farming Cooperative.
F. The registration of the establishment of a neighboring mortgage (2) was cancelled on November 9, 2012 following the instant consultations.
G. At the time of the instant consultations on the instant real estate, the market price is KRW 72 million, and the current market price is KRW 116 million.
H. The Plaintiff and the Defendants died on May 12, 2014, and succeeded to the property.
[Reasons for Recognition] Unsatisfy, Gap evidence 1.