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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation on this part is that the “1. Basic Facts” part of the reasoning for the judgment of the court of first instance is the same as that for the judgment, and thus, it is intended to accept it as it is by the main text of Article 420
2. The assertion and judgment
A. The plaintiff asserted that the registration of the establishment of the creation of the neighboring mortgage of this case is not limited to ① false claims or between the defendant and the debtor, the mortgagee, and ③ if the secured claim was extinguished by prescription after the lapse of 10 years from August 19, 2000 when the registration of the establishment of the neighboring mortgage of this case was completed, the plaintiff sought cancellation of the registration of the creation of the neighboring mortgage of this case to the defendant, the mortgagee, in subrogation of B, for the purpose of preserving the claim of the acquisition amount
B. Determination 1) The registration of the establishment of a neighboring mortgage is, in principle, the same as the creditor and the mortgagee, but exceptionally there was an agreement between the creditor, the debtor and the third party, and further there was no special circumstance to deem that the claim was practically attributed to the third party (see, e.g., Supreme Court Decision 2010Da6940, Jan. 13, 2011). However, the creditor of the establishment of a neighboring mortgage of this case, however, there is no dispute between the defendant and the parties, and according to the witness H’s witness’s witness’s testimony, only can it be acknowledged that the defendant, who was an employee of the company run by H, was the subject of the registration of the establishment of a neighboring mortgage of this case, and there is no other evidence to deem that the claim of this case was actually attributed to the defendant. 2) The registration of the establishment of a neighboring mortgage of this case should be cancelled by the invalidation of the registration.