1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The Plaintiff’s claim for the Defendant’s claim against C against the Plaintiff was transferred to F under the instant acquisition contract, and again transferred to the Plaintiff in sequence pursuant to the instant investment contract. As such, the right to collateral held by the Defendant with respect to the instant real estate should also be transferred to the Plaintiff along with the above claim

Therefore, the Defendant is obligated to implement the registration procedure for partial transfer of collateral security based on the assignment of credit as of September 13, 2012 with respect to the secured claim of KRW 1 billion in total of the investment principal and security interest under the instant investment contract to the Plaintiff.

B. The Plaintiff’s claim of this case is premised on the premise that F is entitled to file a claim against the Defendant for the registration of transfer of the establishment of the neighboring mortgage of this case.

On the other hand, the transfer contract of this case was concluded by the defendant with the payment of KRW 200 million from F, and the defendant was paid KRW 200 million from F in accordance with the above agreement. According to the above facts, according to the above agreement, the defendant is only obligated to terminate the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of the neighboring area of this case, which constitutes a special agreement excluding the accompaniedness of the right to collateral security, and thus, the defendant's loan claim against F against C is not secured by the registration of establishment of creation of creation of creation of creation of creation of creation of

Although the instant acquisition contract and the instant investment contract were the same date, the Plaintiff’s payment of KRW 200 million to F in accordance with the instant investment contract was immediately made to the Defendant, it does not change from the perspective that the instant acquisition contract and the instant investment contract were immediately made.

Therefore, F does not have the right to claim the registration of transfer of the establishment of the instant mortgage to the Defendant.