The application for intervention by the defendant succeeding intervenor shall be dismissed.

The defendant shall provide the plaintiff with the attached list.

1. Facts of recognition;

A. As to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the registration of the establishment of a neighboring establishment in the name of C Co., Ltd. was completed on August 31, 199 as the registration office of Gwangju District Court No. 15116, August 31, 199

B. The C Co., Ltd. was merged with the Defendant on February 1, 2004 and dissolved.

C. Meanwhile, the registration of the establishment of a neighboring mortgage in the name of C Co., Ltd. as seen earlier remains without any special supplementary registration prior to the right to collateral security.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 5, the purport of the whole pleadings

2. As seen earlier, the Plaintiff sought cancellation of the registration of creation of a neighboring mortgage on the instant real estate, as seen earlier, on the ground that the secured claim was extinguished by the Plaintiff against the Defendant, regarding the legitimacy of the application for intervention in the Defendant’s succession, the Defendant succeeding intervenor asserted that he/she acquired the relevant secured claim on January 26, 2018, and filed an application for intervention in the succession.

However, according to Article 81 of the Civil Procedure Act, participation in succession is limited to cases where a third party asserts that he succeeded to all or part of the rights or obligations, which are the object of lawsuit, while the lawsuit is pending before the court. Even in the case of the defendant succeeding intervenor's assertion, the date of succession is clear as of January 26, 2018, which is earlier than March 6, 2020, which is the date of the lawsuit in this case. The subject of succession is also the object of the lawsuit in this case, and it is not the subject of the secured claim, but the subject of the lawsuit in this case, which is the subject of the lawsuit in this case, is not the subject of the right to collateral ( barring special circumstances, it shall not be deemed that the right to collateral security, which is a real right, is naturally transferred by the acquisition of the secured claim). Ultimately, the defendant succeeding intervenor does not fall under the person who succeeded to all or part of the rights or obligations