근저당권말소
1. The defendant's appeal is dismissed.
2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.
1. Facts of recognition;
A. On October 26, 2012, the Plaintiff purchased the real estate indicated in the separate sheet (hereinafter “instant real estate”) from co-defendant B (hereinafter “B”) of the first instance court on October 26, 2012. On November 23, 2012, the Plaintiff completed the registration of ownership transfer by the Incheon District Court’s registration office No. 98811.
The Plaintiff failed to pay the remainder of KRW 15 million to B at the time, and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) stated in the claim regarding the instant real estate to B for debt security.
B. On April 17, 2013, B completed the registration for the establishment of the right to collateral security (registration method) with respect to the instant right to collateral security (hereinafter “instant right to collateral security”) with respect to the obligor B and the claim amount of KRW 126 million. On April 29, 2013, B notified the Plaintiff by mail verifying the content of the fixed-date that the right to collateral security was established with respect to the instant right to collateral security (hereinafter “E”) and sent the notification to the Plaintiff around that time.
C. The Defendant asserted the claim amounting to KRW 26,960,860 against B. On July 18, 2017, the Defendant was issued an order of seizure and assignment of the claim against the secured debt of the instant right to collateral security (hereinafter “order of seizure of claim”). On August 20, 2017, the order was served on the Plaintiff on August 20, 2017, and on September 18, 2017, the registration of seizure of the instant right to collateral security was completed.
On July 13, 2018, the Defendant transferred the claim against B to the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”), and on the same day, notified the Plaintiff of the assignment of claims, and the above notification was delivered to the Plaintiff on August 20, 2017.
E. The Plaintiff paid to E a total of KRW 97 million by August 20, 2017, and KRW 8 million by December 31, 2017, and repaid all the principal and interest of KRW 105,000,000 on the sales price bonds to B, and E is this.