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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 인정사실 순번 등기일자 등기원인 채권최고액 채무자 근저당권자 1 1991.10.1. 1991.9.27.계약 980만 원 망인 H은행 ⇒ 2001.11.1. 회사합병을 등기원인으로 2015.8.31.자로 주식회사 I 명의의 근저당권이전의 부기등기가 마쳐짐 2 2003.10.24. 2003.10.24.설정계약 1300만 원 망인 주식회사 I 3 2004.3.10. 2004.3.10.설정계약 1040만 원 망인 주식회사 I 4 2004.9.14. 2004.9.14.설정계약 390만 원 망인 주식회사 I 5 2006.5.24. 2006.5.24.설정계약 520만 원 망인 J조합
A. The deceased D (hereinafter “the deceased”) died on March 15, 2016.
At the time of death, the real estate listed in the attached list (hereinafter “the apartment of this case”) was the only property under the name of the deceased, and the registration of establishment of five neighboring mortgage was completed as follows. The deceased’s legal heir was E, F, C, and G, the wife of the Defendant and his children, as the wife’s legal heir.
(hereinafter referred to as the “mortgage”) b. according to the sequence of collateral security based on the establishment registration near each of the following table.
Around August 2016, the Defendant, E, F, C, and G, the inheritor of the Deceased, entered into an inheritance consultation and division agreement (hereinafter “instant division agreement”) with the Defendant on the content that the instant apartment is to be owned independently with the Defendant.
According to the instant division consultation, the Defendant completed the registration of ownership transfer under the name of the Defendant on August 9, 2016 for the instant apartment on the grounds of “Inheritance through a consultation and division as of March 15, 2016.” On August 16, 2016, the Defendant repaid the principal and interest of KRW 21,078,627 (=a total of KRW 13,023,558,558, 558, the secured debt of KRW 5,058, KRW 58,069, the secured debt of the instant apartment as of August 23, 2016, which was loaned from Company I (hereinafter “I”) on the instant apartment as security by obtaining loans from the instant apartment from Company I (hereinafter “I”) on August 23, 2016.
Accordingly, with respect to the apartment of this case, the debtor who registered the establishment of a mortgage in the name of I as of August 22, 2016.