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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Basic facts
A. 1) In the case of land in Macheon-si B 996 square meters (hereinafter “Macheon-siJ”) the establishment of a right to collateral security is omitted.
(2) On March 18, 1999, the Defendant was granted a loan of KRW 200 million from a national bank (hereinafter “No. 1”) on the land “No. 2 (hereinafter “No. 1”) with the highest claim amount of KRW 390 million, the debtor C (the Defendant’s female students), and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”) (hereinafter “No. 200 million”) with the second priority mortgage was established on the land “No. 260 million, the debtor, and the Defendant’s Bank of Korea Co., Ltd.” (hereinafter “No. 2 collateral mortgage”), and the building newly constructed on the land above was added to the joint collateral.
3) On March 7, 200, the third priority mortgage (hereinafter “third priority mortgage”) was established on the land and building B, “the maximum amount of the claim is KRW 195 million, the debtor C, and the National Bank of Korea” (hereinafter “third priority mortgage”). On September 28, 2001, the defendant borrowed KRW 170 million from the National Bank of Korea (hereinafter “second priority loan”) and in relation thereto, the defendant was set up a first priority mortgage (hereinafter “fourth priority mortgage”) of the “the maximum amount of the claim is KRW 146.9 million, the debtor, and the National Bank of Korea” on the land of KRW 25 million and KRW 1326,000,000,000,0000,000,000 won, and ② the land and building in B and the “the maximum amount of the claim is KRW 481 million,000,000,000,000,000,000).
B. Around August 2009, the National Bank applied for a voluntary auction on each of the above real estate (B: the District Court G, D, E: the District Court F) and around December 2009, 2009, the Switzerland Savings Bank Co., Ltd. (former trade name: Hyundai Switzerland Savings Bank Co., Ltd.: : hereinafter “former Switzerland 4”) transferred each of the claims for the first and second loans, and the National Bank notified the Defendant of the fact of transfer on January 7, 2010.
Accordingly, the right to collateral security is transferred to the 1st through 5th collateral security.