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1. The plaintiff succeeding intervenor's appeal is dismissed.
2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.
purport.
Reasons
1. Basic facts
A. On December 26, 2007, D completed the registration of the creation of a collateral security (hereinafter “instant building”) with respect to Geumcheon-gu Seoul Metropolitan Government C Apartment No. 1003 (hereinafter “instant building”) owned by it, “debtor D, mortgagee E, and maximum debt amount of KRW 120 million.”
(hereinafter referred to as the "mortgage") of this case.
On September 2, 2009, the Defendant (FF of the Seoul Southern District Court; hereinafter “instant auction procedure”). On September 9, 201, the Defendant registered the seizure of the instant collateral security right in the name of E on the grounds of default on taxes, with the “Attachment (Investigation and Inspection, and 2918)” as the grounds for registration. (C) On September 9, 201, upon receipt of the Industrial Bank of Korea’s application for auction of the instant building, the first collateral security right holder of the instant building, the Seoul Southern District Court F; hereinafter “instant auction procedure”). On February 3, 2012, E (hereinafter “instant auction procedure”). On February 3, 2012, after the commencement of the instant auction procedure, E transferred the Plaintiff’s promissorysory notes against E, 120 million won claims and the right accompanied by the agreement on collateral security to the Plaintiff’s Intervenor, the Defendant sent the Plaintiff’s heir’s notice of assignment of the instant collateral security right to the Plaintiff’s heir.”
On December 26, 2007, the Plaintiff’s succeeding intervenor presented “the agreement for the transfer of mortgage” and “the agreement for the transfer of mortgage on December 26, 2007,” with the necessary documents for the notification of the transfer of mortgage and the transfer of mortgage, and the content thereof are as follows:
On December 26, 2007, a contract for the transfer of a right to collateral security (E: the Intervenor succeeding to the Plaintiff) was completed with the registration of the creation of the right to collateral security at KRW 120 million with the maximum debt amount as the collateral of the instant building. However, on December 26, 2007, the said right to collateral security under a contract for the transfer of the right to collateral security (E: the Intervenor succeeding to the Plaintiff) was agreed between the parties to the transfer with the claim and the right to collateral security (E: the right