The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer based on the sale on August 8, 1979, No. 12519, which was received on August 18, 1979, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff, with the instant real estate as joint collateral, completed the registration of creation of a mortgage around the Daejeon District Court, Seosan Branch of the Daejeon District Court, No. 2259, Dec. 14, 1979, with the maximum debt amount of KRW 500,000,000,000,000,000 won

C. On December 28, 1981, the defendant subrogated 250 million won out of the secured debt of the right to collateral security on the part of the defendant, and the above B.

The registration of mortgage transfer was completed on January 8, 1982 by Seosan Branch of Daejeon District Court No. 186, Seosan Branch of Jan. 8, 1982, regarding the maximum debt amount of KRW 250,000,000 subrogated during the registration of creation of a collateral security.

(B) Upon completion of the supplementary registration by the Defendant, the part of the right to collateral security equivalent to KRW 250 million is referred to as the “instant right to collateral security”).

On September 25, 2014, the Defendant transferred the right to collateral security to the Intervenor succeeding to the Defendant, notified the assignment of the right, and notified the obligor B of the assignment of the right to collateral.

E. The Defendant’s succeeding intervenor completed the supplementary registration of the right to collateral security transferred to the Daejeon District Court on January 18, 2019, No. 1816, which was received on January 18, 2019 by the Defendant’s subrogation.

[Grounds for recognition] Gap evidence 1, Eul evidence 1-3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. Plaintiff 1) The Defendant transferred the claim for indemnity amount acquired by subrogation to the Defendant’s succeeding Intervenor, and transferred only the claim for indemnity amount, not the claim for indemnity amount attached to the right of collateral security, to the Defendant’s succeeding Intervenor.

The claim for indemnity shall belong to the intervenor succeeding to the defendant, and the right to collateral was reverted to the defendant, and the right to collateral of this case is null and void since the secured obligation exists

The defendant succeeding intervenor claims.