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. Basic facts

A. On November 8, 2007, the National Bank Co., Ltd. (hereinafter “National Bank”) completed the registration of the establishment of a neighboring mortgage with the debtor B and the maximum debt amount as KRW 1,820,00,000, the debtor as the National Bank, the debtor as C, and the debtor as the debtor C, and the registration of the establishment of a neighboring mortgage with the debtor as the National Bank as the National Bank.

B. On July 4, 2012, the National Bank applied for a voluntary auction on each of the instant buildings, their sites, etc. to the Seosan Branch D of the Daejeon District Court, and on July 5, 2012, the procedure was commenced on July 5, 2012 (hereinafter “instant auction procedure”). The entry registration was completed on the same day.

다. 또한, 에스케이네트웍스 주식회사(이하 ‘에스케이네트웍스’라 한다)도 2008. 7. 22. 이 사건 각 건물 및 그 부지 등에 관하여 채권최고액을 650,000,000원으로, 채무자를 B로, 근저당권자를 에스케이네트웍스로 하는 근저당권설정등기를 마쳤으며, 2012. 7. 17.에는 대전지방법원 서산지원 E로 이 사건 각 건물 및 그 부지 등에 대한 임의경매를 신청하여, 2012. 7. 18. 그 절차가 개시되어 이 사건 경매절차에 병합되었으며, 같은 날 그 기입등기까지 마쳐졌다. 라.

On the other hand, on November 29, 2012, when the auction procedure of this case was in progress, the Plaintiff acquired the claim and collateral security against B and C from the National Bank.

E. On September 24, 2012, when the above auction procedure was in progress, the Defendant leased each of the buildings of this case and occupied and used it, and the Defendant spent 19,324,800 won as the repair cost of the gas station of this case.