The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

The grounds of appeal are examined.

1. Where a subordinate mortgage has been established on the real estate owned by the person who has pledged the property to secure another's property which is the object of the joint mortgage, if the person who has pledged the property to secure another's property first sold the real estate to auction and received the repayment from the auction proceeds, the person who has pledged the property to secure another's property shall, unless there are special circumstances, acquire the right to indemnity against the debtor, and at the same time acquire the mortgage on the real estate owned by the person who has pledged the property to secure another's property on behalf of the debtor pursuant to the provisions of Articles 481 and 482 of

(See Supreme Court Decision 93Da25417 delivered on May 10, 1994, and Supreme Court Decision 2008Ma109 Delivered on May 28, 2009). However, according to Articles 481 and 482 of the Civil Act concerning subrogation by a person who has pledged his/her property to secure another’s obligation may exercise his/her right to claim and the right to collateral to the extent that he/she can claim reimbursement by his/her own right. Thus, even if a person who has pledged his/her property to secure another’s property has discharged his/her obligation or lost his/her ownership to the mortgaged property due to the exercise of the mortgage, if the person who has pledged his/her property to secure another’s right to

(see Supreme Court Decision 2013Da8042980436, Apr. 30, 2014). Accordingly, in cases where a real debtor and a real person who has pledged his/her property to secure another's property jointly provide a security and obtain a loan, and a real person who has pledged his/her property to secure another's property has registered his/her property as a debtor on the registration of establishment of a mortgage, the actual debtor who has pledged his/her property to secure another's property, regardless of whether he/she is liable to the creditor as a debtor, does not