A. On July 10, 2017, the Plaintiff entered into a mortgage agreement with the Defendant’s Intervenor on each real estate listed in the separate sheet owned by the Plaintiff, which provides for KRW 65,00,000 with respect to the instant real estate as the maximum debt amount, the Plaintiff’s obligor, and the Intervenor acquiring the right to collateral security, and subsequently, completed the registration of the establishment of the neighboring real estate as the receipt of No. 8498 on August 3, 2017.

hereinafter referred to as "the establishment registration of the mortgage of this case or of the establishment of the mortgage of this case"

(B) On August 29, 2019, the Defendant Intervenor transferred a final claim to Nonparty D on August 29, 2019, and completed the registration of transfer of the right to collateral security under the Cheongju District Court’s receipt No. 90820, August 30, 2019. The said D transferred a final claim on September 4, 2019 to the Defendant (ex officio) and filed the registration of transfer of the right to collateral security under the Cheongju District Court’s receipt No. 92651, Sept. 4, 2019. (c) The Defendant (ex officio) transferred the final claim on October 23, 2019, which was pending in the instant lawsuit, to the Defendant Intervenor, and completed the registration of transfer under the Cheongju District Court’s receipt No. 108519, Oct. 23, 2019.

2. Determination on the cause of the claim

A. The summary of the parties’ assertion 1) The registration of creation of the instant collateral was only an act of creation of the right to collateral security, but there was no legal act that establishes the secured claim separately. The registration of creation of the instant collateral security was set up as the most recent act upon the request of the Defendant Intervenor. Therefore, the registration of creation of the instant collateral security should be cancelled. 2) The Defendant Intervenor’s acquisition intervenor agreed on July 7, 2016 between D and D, to pay the Defendant Intervenor a loan obligation of KRW 100,000 of the previous principal amount as to E, and KRW 30,000,000,000 of the loan obligation as to E, and thus, F Co., Ltd. (the representative G guaranteed this.

Afterward, the defendant acceptance intervenor secured F Co., Ltd.