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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D (hereinafter “the deceased”) registered as the owner of the land-based building C (hereinafter “instant building”) in Bupyeong-si, the deceased on January 15, 201, and his heir was the Plaintiff and five children.
B. A dispute arises between the Plaintiff and four children regarding inheritance, and the lawsuit seeking a partition of inherited property on inherited property, including the instant building, was in progress. On July 17, 2015, the Plaintiff, on which July 17, 2015, on the lease deposit for the instant building, entered the following terms into an agreement as a special agreement with the Defendant on the lease deposit for KRW 100 million.
(hereinafter “instant special agreement”). Since a contract is entered into with the spouse and is still before the registration of inheritance, the establishment of a collateral security on real estate listed in the attached list shall be made at the intervals of establishing the collateral security. After the registration of inheritance of the instant building, the inheritance obligee and the contract will be completed and the said collateral security will be terminated, and the cost of creation and cancellation
C. According to the instant special agreement, on July 17, 2015, the establishment registration of the instant collateral was completed, wherein the debtor, the Plaintiff, the mortgagee, and the maximum debt amount were KRW 100 million, on the real estate indicated in the separate list.