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(영문) 수원지방법원 2017.01.18 2016나64821

배당이의

Text

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 of the court’s explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since this part of Article 3(b) of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, in addition to the following cases.

2. Parts to be dried;

B. Where a subordinate mortgage has been established on the real estate owned by a debtor which is the object of joint mortgage which is the existence or existence of a ground for objection to a mortgage and the real estate owned by a person who has pledged the property owned by a person who has pledged the property, the person who has pledged the property shall first sell the real estate owned by the person who has pledged the property, and at the same time obtain the right to indemnity against the debtor and at the same time obtain the first mortgage on the real estate owned by the person who has pledged the property under Articles 481 and 482 of the Civil Code, and in such a case, the person who has pledged the property owned by a person who has pledged the property may obtain the first mortgage on the real estate owned by the person who has pledged the property prior to the auction (in this case, the relationship of subrogation between the persons who has pledged the property pledged the property shall be governed by Article 482 (2) 4 and 3 of the Civil Code). In this case, the person who has pledged the property acquired the property on behalf of another person who has subrogated the property, and the mortgagee may exercise the first mortgage on the mortgage.

(see, e.g., Supreme Court Decision 2001Da21854, Jun. 1, 2001). Moreover, the legitimate expectation of the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by another person should be protected.