Appellant

Changwon District Court Order 2007Mo1 dated May 14, 2007

The appeal of this case is dismissed.

1. Application of this case and summary of the grounds for appeal

A. The Seocho-gu Saemaul Fund, other than the applicant, is a joint mortgagee who has completed the registration of joint collateral security with respect to the real estate owned by the above applicant and the real estate owned by the non-applicant 1 and the non-applicant 2 in order to secure the debts for the non-applicant 1, and the appellant is a person who has completed the registration of the right to claim ownership transfer with respect to the real estate of the above non-applicant 2 in order to secure the claims against the above non-

B. However, real estate owned by the above applicant 2 was sold by the auction process first, and the sale price was distributed in full to the above Seocho Saemaeul Community Fund, and the principal and interest on the bonds held by the Seocho Saemaeul Community Fund against the above applicant 1 remains 3,450,000 won.

C. In order to file a request for auction of the real estate owned by the above applicant and 1, the appellant intended to pay the above debt to the above Seocho Saemaeul Community Fund of the above applicant and 1, but the above Seocho Saemaeul Community Fund of the above applicant refused to accept it on the ground that the appellant did not consent from the above applicant and the above applicant tried to deposit the repayment with the Changwon District Court of the above court of the Seoul District. However, the above assistant deposit officer did not accept it on the ground that the appellant is not a third party with interest relation.

D. The appellant not only has a legitimate interest in repayment as a junior secured provisional registration right holder, but also is the subrogation right holder for real estate owned by the non-applicant No. 1 with the title to the above claim against the non-applicant No. 2. Thus, the appellant may lose the above subrogation right if the non-applicant No. 1 repays the above debt to the above Seocho Saemaeul Community Depository and cancels the above joint collateral security registration established on his own real estate. Thus, the appellant constitutes a third party with interest and can make reimbursement to the Seocho Saemaeul Community Depository.

2. Determination

In general, since a person who has an interest in the property to secure another's property to secure another's property to secure another's property is in the position of being executed by the creditor or losing his/her rights to the debtor unless the person who has the property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property to secure another's property.

Therefore, the order of the court below is justified, and the appeal of this case is dismissed as it is without merit.

Judges Kim Jong-chul (Presiding Justice)