배당이의의 소
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. As to the instant case cited by the judgment of the court of first instance, the grounds for our court’s explanation are as stated in the part concerning the reasoning of the judgment of the court of first instance, by deducting any of the following from the addition, thereby citing it in accordance with Article 420
2. Additional determination
A. The Plaintiff’s assertion (1) Dama Savings Bank and YAD agreed to cancel the procedure of voluntary auction on the land of this case by subrogated for the repayment of the loan to the national bank of YAD with the money loaned to YAD as the money loaned to the National Bank of YAD. Once the loan was not made within the agreed lending date, the YA directly subrogated for the above debt to the national bank in the form of provisional payment and made a transfer registration of mortgage 1 and 2 in the future. After that, YA made a transfer registration on March 16, 2006 with the money loaned to YAD on March 16, 2006, the above provisional payment was arranged by YAD. In light of the above loan background and at the time, the guarantee of the debt of this case in this case should not be deemed to be the mortgage 1 and 2 in the form of the YAD mortgage 3 in this case.
(2) The instant loan obligations merely constitute an indemnity obligation, not an actual loan obligation, but an indemnity obligation. Therefore, the instant loan obligations do not constitute “all obligations arising from credit transactions” secured by the instant 3 collateral security.
(3) As long as the Komato Savings Bank sold the claim for repayment of loans and the security right thereto to the H&AD on September 30, 2005, the mortgagee of the instant third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third third party mortgage management company, it is unlawful that
B. (1) As to the first argument, the instant 1 and 2 collateral security is deemed the debtor’s chilling of the first argument, it is impossible to secure the claim for the return of loans to Toar Savings Bank No. YD, and further, this is the same.