1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for the court's explanation concerning this case are as follows: the court's explanation of this case is to dismiss "No. 27, 2010" in Part 2, No. 14, "No. 2010" in Part 2, No. 14, and the part No. 3, No. 12, No. 3, No. 14, of the judgment of the court of first instance is as stated in the reasons for the judgment of the court of first instance except for the dismissal as follows. Thus, this part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the defendant's assertion

A. Defendant’s assertion ① In determining the interruption and progress of extinctive prescription due to a claim declaration in the real estate auction procedure, the type of the pertinent auction procedure (whether it is a compulsory auction procedure or a voluntary auction procedure) should be distinguished. As the extinctive prescription against the principal and interest of loan interrupted by a savings bank by reporting a claim in the real estate auction case, the period of extinctive prescription against the principal and interest of loan interrupted by reporting a claim in the real estate auction case is resumed from April 14, 2010, the day following the cancellation of the registration of the right to collateral security in this case, the five-year commercial prescription has already expired before the application for the payment order

② The Savings Bank appropriated the amount distributed by the Savings Bank in an auction case in a voluntary manner contrary to Article 477 of the Civil Act without the defendant’s consent.

(3) In transferring the principal and interest of loans to the Defendant to the Plaintiff, the Savings Bank shall not delegate its power to notify the transfer to the Plaintiff.

Therefore, since legitimate notification of transfer is lacking, the defendant is not obligated to pay the principal and interest of loan to the plaintiff who is the transferee.

B. A creditor, who is registered prior to the registration of the first decision on commencement of auction and who has become extinct due to the sale, as a single mortgage on whether the foregoing principal and interest interest claim has expired, may naturally participate in dividends in the auction procedure commenced upon the application of another creditor, even though he/she does not demand a distribution in the auction procedure commenced upon the application of another creditor. Such creditor shall be entitled to a claim.