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1. The plaintiff's lawsuit against the defendant shall be dismissed.
2. The application for succession by the defendant succeeding intervenor shall be dismissed; and
3...
Reasons
1. Basic facts
A. On September 7, 2015, the Defendant: (a) the establishment of the instant right to collateral security and the process of the auction procedure; and (b) the Defendant (hereinafter “D”).
(2) In order to secure the loan to D, the Defendant entered into a mortgage agreement with D by setting forth a maximum debt amount of KRW 4,200,00,00 with respect to the real estate listed in Attachment No. 1 List No. 4,200,000, and on the same day, entered into a mortgage agreement with Busan District Court No. 6101 on August 31, 2016, which added the real estate listed in Attachment No. 1 List No. 1 List No. 54907 on the same day, and completed a mortgage agreement which added the real estate listed in Attachment No. 1 List No. 54907 on the same day as the joint security. 2) After the date, the Defendant entered into a contract with D to add the aforementioned movable property as the object of the mortgage, and received the said additional mortgage registration No. 6 of the Busan District Court No. 1986, Jul. 16, 2016; and completed the registration of the establishment of the mortgage as stated in Attachment No. 1 List No. 1 as the above No. 65197.
(3) On April 25, 2018, the Defendant filed an application for voluntary auction with respect to the real estate stated in the attached Table 1, including the instant movable property, and machinery and apparatus under the Factory Mortgage Act, based on the instant collateral security on April 25, 2018. On April 26, 2018, a decision to voluntarily commence auction was rendered, and the auction procedure was in progress (Ulsan District Court C and hereinafter “instant auction procedure”).
B. B. The Defendant: (a) on September 4, 2018, when the instant auction procedure was in progress, the E Co., Ltd. (hereinafter “E”); and (b) on the Defendant’s right to collateral security and loan against D against the Defendant to E.