[청구이의][집25(3)민,312;공1978.2.1.(577),10513]
The time when the secured claim is extinguished in the transfer for security.
Even if a mortgagee takes over and uses a security to exercise the security right after the due date, if the mortgagee intends to dispose of the security at a reasonable price or to take over the ownership of the security at a reasonable price, it cannot be deemed that the secured claim has yet to be extinguished unless settlement, such as returning the balance, is complete.
Article 372 of the Civil Act
Plaintiff 1 and one other
Attorney Park Young-young, Counsel for the defendant-appellant
Daegu High Court Decision 76Na1119 delivered on July 5, 197
After destroying the original judgment, the case shall be remanded to the Daegu High Court.
We examine the Defendant’s agent’s grounds of appeal.
With respect to No. 1:
(A) In its reasoning, the lower court: (a) stated the above amount of KRW 3,850,00 on June 17, 1974 (the above amount of KRW 1964.6.6.17) to the above amount of KRW 1,832,472 on the real estate purchased from the bank under the name of KRW 2 at the time of borrowing KRW 3,860; (b) decided that the above amount of KRW 1,832,472 on behalf of the defendant for the purpose of securing the above amount of KRW 1,67,00,00 to the above amount of KRW 67,00,00,000 to the above amount of KRW 1,67,000,000 to the above amount of KRW 67,00,000,000 to the above amount of KRW 67,682,472,000,000,000 to the above amount of KRW 167,2767,276,0
However, even if a creditor who has received a registration of transfer of ownership on a real estate for bond security uses it for the exercise of the security right after the due date, if the creditor disposes of the security at a reasonable price or takes over the ownership of it, the creditor must appropriate the principal and interest of the secured claim with the proceeds, and if there is any balance, it cannot be deemed that the secured claim has yet been extinguished without any settlement, such as returning it to the debtor. However, the judgment of the court below that the defendant used the real estate as a compulsory execution, and that the claim has been extinguished in this case where the secured claim has yet to be settled yet, the judgment below concluded that the secured claim was extinguished, by misunderstanding the legal principles as to the time when the secured claim was extinguished in the transfer of security, was committed, and
Therefore, the decision of the court below is delivered with the assent of all participating judges to reverse the original judgment and allow the case to be tried and judged again, and it is so decided as per Disposition.
Justices Ahn Byung-soo (Presiding Justice) (Presiding Justice)