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1.The judgment of the first instance shall be modified as follows:
The plaintiff's claim is dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Basic facts and the reasons why the court should explain this part of the plaintiff's assertion are as stated in the corresponding part of the judgment of the court of first instance (from No. 10 to No. 5 of the judgment of the court of first instance, up to No. 2 of the judgment). Thus, they are cited as it is in accordance with the main sentence of
2. Determination
A. In the first instance court, each right to collateral security on real estate 1 and 2 set up in the future of the Savings Bank was considered as a joint collateral security, but in the first instance, each right to collateral security on E apartment 14 households, including real estate 1 and 2, is not considered as a joint collateral security and is deemed as a cumulative collateral security.
B. In the event that several collateral mortgages are set at the same time or additionally to secure the claim arising from the same basic contract and the transactional progress is not set differently and the form of the joint collateral mortgages is not taken in order to cope with the situation of each transactional relationship, even if each collateral mortgages are for securing the obligation arising from the same basic contract, they shall not be deemed a conditional joint collateral mortgages at all times, but shall be determined according to the intent of the parties to the contract of joint collateral mortgages.
In this case, the following circumstances, which are acknowledged by comprehensively considering the descriptions of Gap's Nos. 2, 7, 8, 11 through 13 and Eul's Nos. 1, 4, and 10 (including each number of branches) and the overall purport of the pleadings in the above basic facts, are as follows. In other words, the savings bank collected funds from Eul to secure loans of KRW 1,92,00,000,000 (hereinafter "loan Claim of this case"), which are an aggregate building registered for preservation under the name C, to secure the loans of KRW 1,92,00,000,000,000 from new construction funds of the building, 14 units of divided ownership buildings (including Nos. 1 and 2 real estate) of E apartment, each