1. The Defendant shall pay 27,157,005 won from the Plaintiff and 5% per annum from April 15, 2015 to the date of complete payment.

1. Basic facts

A. The Plaintiff is the head of the deceased B (the deceased on June 28, 2015, hereinafter referred to as “the deceased”)’s second type D as well as E, which is the adopted child under the law of the deceased (adopted on July 8, 2011), and the Defendant is the first typeF of the deceased’s first type F, and is the adopted child under the law of the deceased (adopted on November 28, 2013).

B. On March 27, 2008, the Plaintiff borrowed money from the Deceased without setting the interest and maturity period (hereinafter “the loan”). On May 26, 2008, the Plaintiff concluded a mortgage agreement with respect to the real estate indicated in the separate list owned by the Plaintiff as collateral for the above loan debt (hereinafter “the instant real estate”), with respect to which the obligee, the Deceased, the obligor, and the maximum debt amount was set at KRW 430,000,000, set forth as the collateral.

C. On May 28, 2008, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) consisting of the maximum debt amount of the instant real estate amount of KRW 430,000,000, and the debtor, the plaintiff, and the deceased.

On February 6, 2014, the Deceased drafted a testamentary document (No. 162, 2014) stating that the registration of the establishment of the instant neighboring mortgage and the secured claims of the said collateral shall be bequeathed to the Defendant.

E. On April 14, 2015, the Plaintiff deposited KRW 430,00,000 (hereinafter “instant deposit”) with the Seoul Central District Court Decision 2015No7964, the account holder’s refusal to receive the deposited person’s deceased and the deposited person.

F. The Deceased received the instant deposit money around April 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 33, 34, Eul evidence Nos. 4, 7 and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the purport of Gap evidence No. 20 and all pleadings, the deceased’s account in the name of the plaintiff on March 27, 2008, as stated in the evidence No. 420,000,000 won under the title of the plaintiff on March 27, 2008.