근저당권이전등기
The judgment below
Among the independent parties intervenors, the part of the claim regarding the establishment registration of neighboring mortgage of February 14, 2001 by the independent party intervenor.
1. Before determining the grounds of appeal on the part of the claim for cancellation of the registration of creation of a neighboring mortgage on February 14, 2001, this part of the application is examined ex officio as to whether it is legitimate.
An independent party intervention as stipulated in Article 79 (1) of the Civil Procedure Act is to resolve in a lump sum without contradictions by a single judgment the rights or legal relationship between the three parties by participating in a lawsuit as a party by a third party who claims that all or part of the subject matter of lawsuit is his own right when the lawsuit is pending between the other parties, or that the rights are infringed upon as a result of the lawsuit.
Therefore, during the intervention by an independent party, the intervention in the right claim may be allowed only when the plaintiff's principal claim and the intervenor's claim are deemed to be incompatible with the assertion itself. The intervention in the prevention of corruption may be allowed in cases where the plaintiff and the defendant are objectively recognized to have the intent to infringe the intervenor's rights through the lawsuit and it is acknowledged that the plaintiff and the defendant's intent to infringe on the intervenor's rights through the lawsuit
(Supreme Court Order 2005Ma814 Decided October 17, 2005 and Supreme Court Decision 2010Da106245 Decided May 13, 201, etc.) B.
The facts found by the court below are as follows.
(1) For the purpose of joint mortgages on each of the real estate owned by B and each of the real estate owned by an independent party intervenors (hereinafter “participating”), Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”) completed the registration of creation of a mortgage over three occasions as follows. ① on February 14, 2001, the obligor Intervenor, the maximum debt amount of 2.28 million won, ② the obligor B, the maximum debt amount of 1.2 billion won on July 26, 2004, and ③ the obligor B and the maximum debt amount of 1.2 billion won on April 6, 2007.
(hereinafter above, the intervenor specified the right to collateral security. At the time of establishing the right to collateral security, the intervenor is also the defendant.