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 reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the second instance judgment No. 4-3-12, as follows. Thus, the court’s explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] In this case, according to the above facts, the non-party company confirmed the secured debt of the joint collateral mortgage from the auction auction auction of the land No. 1 of this case through the report of the claim, so the joint collateral mortgage in the name of the non-party company as to the land No. 2 of this case should be cancelled due to the repayment of the secured debt unless the non-party company C does not exercise the right of subrogation on the land No. 1 of this case.

However, the procedure of voluntary auction on the land No. 2 of this case for which the Defendant applied for the transfer of the right to collateral security, which was extinguished, is null and void. Since the sale of the land No. 2 of this case according to the above voluntary auction procedure is null and void, there is no room for the Plaintiff to receive dividends from the proceeds of sale, and the Plaintiff still has the status of receiving dividends

Therefore, it cannot be deemed that the plaintiff suffered any loss due to voluntary auction on the land No. 2 of this case, and the plaintiff's assertion is without merit.

2. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.