배당이의
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. Paragraph 1 and Paragraph 3-B of the judgment of the first instance court for the reasons why the court shall explain this part of the facts of recognition.
Since it is the same as the statement in the claim, it is cited by the main text of Article 420 of the Civil Procedure Act as it is.
A. The Plaintiff asserted that the secured claim of the right to collateral security and the right to collateral security (hereinafter “each of the instant right to collateral security”) dated December 24, 1986 constituted individual rehabilitation claims, but the Defendant’s payment of KRW 104,00,000 based on the instant claim at the auction procedure, which is not individual rehabilitation procedure, is unlawful. The Defendant’s payment of KRW 104,00,000,00 is unlawful. The Defendant’s payment of KRW 104,00,00 in the instant auction procedure does not affect individual rehabilitation creditors’ rights against the debtor’s guarantor and other persons who bear obligations together with the debtor, and the security provided for individual rehabilitation creditors (Article 625(3) of the Debtor Rehabilitation and Bankruptcy Act). The Defendant’s payment of KRW 104,00,000 in the instant auction procedure is based on the rights against the deceased, who is the principal debtor. Thus, even if the Plaintiff, who is the primary debtor, was decided to discharge, does not affect the above dividends against the Defendant.
The Plaintiff asserted that, although the Nonghyup Bank Co., Ltd. (hereinafter “CF”) extended a total of KRW 104,00,000 to the Plaintiff, the Plaintiff did not have received the instant real estate as collateral, the Defendant received dividends by including the Plaintiff’s loan claims on the Plaintiff in the secured debt of each of the instant secured claims in the instant auction procedure even though the Plaintiff did not have received the instant real estate as collateral, it is unlawful. In the meantime, the right to collateral security is a mortgage secured within a certain limit as it covers a debt remaining after calculating and calculating a large number of unspecified future claims arising from a continuous transaction relationship, and thus, the claim continues to increase or decrease