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1. The part of the judgment of the first instance against the intervenor succeeding to the plaintiff shall be revoked.
Plaintiff
The lawsuit of the successor shall be dismissed.
Reasons
1. The reasoning for this part of the reasoning is the same as that for the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The reasoning for this part of the judgment by the court regarding the legitimacy of the Plaintiff’s lawsuit is as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420
3. Judgment on the defendant's main defense against the plaintiff's succeeding intervenor's lawsuit
A. Since the registration of creation of a collateral in the instant case’s neighboring mortgage by the Plaintiff’s succeeding intervenor did not have any legal act establishing the secured debt, there is no secured debt, even if the secured debt was established, this is beyond the ten-year period from October 30, 1997, which was concluded, and thus, the registration of creation of a collateral in the instant case ought to be cancelled.
Plaintiff
The successor intervenor seeks the cancellation of the registration of the establishment of the creation of the instant neighboring mortgage in subrogation of insolvent C in order to preserve the claim against C regarding the amount of the transferred loan.
B. As to the Defendant’s main defense and judgment 1), the Defendant did not have any legal interest in seeking the cancellation of the registration of the establishment of a neighboring mortgage of this case as the registration of the establishment of a neighboring mortgage of this case was already cancelled, and thus, the instant lawsuit is unlawful. 2) If the registration of the establishment of a neighboring mortgage was cancelled on the ground of successful bid during the lawsuit seeking the implementation of the registration of the cancellation of the registration of the establishment of a neighboring mortgage
(1) According to the records in the evidence No. 1, 2002Da57904, Jan. 10, 2003; and Supreme Court Decision 201Da37001, Apr. 26, 2013). 3, the registration of the establishment of a neighboring mortgage of the instant case was cancelled for reasons of sale due to a voluntary auction on February 22, 2019, when the instant lawsuit was pending, and the Plaintiff’s successor is more registered as the establishment of a neighboring mortgage of the instant case.