A. On September 1, 2005, the Defendant obtained a loan of KRW 150,00,000 from the Namyang Agricultural Cooperative (hereinafter “instant loan”). To secure this, the Defendant completed the registration of the establishment of a neighboring establishment with regard to the obligor, the mortgagee, the Southyang Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”), and the maximum debt amount of KRW 210,00,00,00 with respect to the Embrate 9,917 square meters (hereinafter “instant real property”).

B. On November 19, 2010, the Plaintiff completed a share transfer registration made on October 14, 2010 with respect to the share of 5950/917 of the instant real estate.

C. On September 11, 2015, the Plaintiff subrogated for KRW 64,571,371 to the Namyang Agricultural Cooperatives.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination as to the cause of claim

A. The third acquisitor who acquired the ownership of the mortgaged real estate from the mortgagee who is the owner of the real estate mortgaged in order to secure another person's obligation shall be deemed to be in a position similar to that of the surety in that when the mortgage is implemented, the ownership of the mortgaged real estate shall be forfeited.

Therefore, the provisions of Articles 370 and 341 of the Civil Act on the right to indemnity of a person who has pledged his/her property to secure another's property shall apply mutatis mutandis to the third party purchaser who has acquired the mortgaged real property from the person who has acquired the property to secure another's property, unless there are special circumstances, to the effect that the third party purchaser of the mortgaged real property has the right to indemnity against the debtor according to the provisions on the guarantee obligation.

(See Supreme Court Decision 2012Da49285 Decided December 24, 2014). B.

In light of the above legal principles, according to the above facts, the plaintiff is the debtor, who has acquired the mortgaged real estate from the surety by analogying the provisions of Articles 370 and 341 of the Civil Act.