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Reasons
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(영문) 서울고등법원 2019.05.23 2018나2038926
청구이의의 소
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1. The application for intervention by an independent party intervenor shall be rejected;

2. The plaintiff's appeal is dismissed.

3. Due to the principal claim.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim 1) The Plaintiff Company C (hereinafter “C”) on September 13, 2010.

30 million won was determined and lent to the Defendant at an interest rate of 3% per month (hereinafter “the first loan”).

(2) On April 25, 2011, the Plaintiff loaned KRW 400 million to C at an interest rate of 3% per month.

(hereinafter “Secondary Loan”). (b)

1) In order to secure the first loan claim against the Plaintiff, the right to collateral security (hereinafter “instant building”) C is a building on the D ground (hereinafter “instant building”).

As to the registration of the Incheon District Court on September 9, 2010, the registration of the establishment of the mortgage of the Plaintiff, C, and the maximum debt amount of KRW 450,000,000,000, shall be completed (hereinafter referred to as the “nean mortgage”).

(2) 30.2m2 m2 (hereinafter “instant land”) in Nam-gu Incheon Metropolitan City.

As to the registration of the Incheon District Court on April 25, 201, the registration was received on April 3811, 201, and the establishment registration of a mortgage amounting to KRW 450 million with respect to the Plaintiff, C, and the maximum debt amount (hereinafter “mortgage”).

(2) In addition, in order to secure the secondary loan claim against the Plaintiff, C completed the registration of creation of a mortgage over the amount of KRW 600 million to the Plaintiff, the obligor, and the maximum debt amount, under the Act No. 3819, Apr. 25, 2011, which was received on April 25, 2011 by the registration office of the Incheon District Court.

(B) On the other hand, on April 25, 201, the Incheon District Court completed the registration of creation of a mortgage over the instant land and buildings (hereinafter “G-registered collateral security”) with regard to the instant land and buildings, the establishment of a mortgage over KRW 300 million against the mortgagee G, the debtor C, and the maximum debt amount (hereinafter “B-registered collateral security”).

4) Ultimately, as of April 25, 201, the reorganization of the right to collateral security established on the instant land and building is as follows.

On April 25, 2011, No. 38119, which was received on April 25, 2011.

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