부당이득금반환
1. The defendant's appeal and the request for return of provisional payment are all dismissed.
2. The expenses of filing an application for the return of the provisional payment of the appeal.
In addition to adding the judgment like Paragraph (2) to the defendant's argument, the reason why the court should explain this case is the same as that of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
As of December 30, 2004, the Defendant asserts that, as of December 30, 2004, the lower collateral mortgage (134,300,000 won) against the loan No. 202 as of December 30, 200, the Plaintiff acquired the ownership of the loan No. 401, the lower collateral security amount of the loan No. 202 was already established, and thus, the subrogation of the lower collateral mortgagee as to the above No. 202 should be given priority over the subrogation of the Plaintiff, the lower collateral amount that the Defendant reduced is not the lower collateral security amount of KRW 200,000,000,000, not the lower collateral amount of KRW 401,000,000,000,000,000.
Article 368(1) of the Civil Act, which provides that "where a mortgage has been created on several real estate as security for the same claim, if a mortgage is created on the same claim and the proceeds are distributed at the same time to the property owned by a person who has pledged his/her property, it shall be determined in proportion to the proceeds of the auction of each real estate." In such cases, it is reasonable to deem that Article 368(1) of the Civil Act, which provides that "if a mortgage is created on several real estate as security for the same claim, if the proceeds of the auction are distributed at the same time, the share of the claim shall be determined in proportion to the proceeds of the auction of each real estate, the auction court shall preferentially distribute the proceeds of the auction of the real estate owned by the debtor to the joint mortgagee, and only if there is a shortage, the proceeds of the auction