배당이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for this case by the court of first instance is as follows: (a) the court shall accept the reasoning for this case in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to adding the contents specified in paragraph (2) below, subsequent to the sixth fourth decision of the court of first instance.
2. In addition, Defendant Foundation asserts to the effect that, even if the debt owed to F by Defendant Foundation to Defendant Foundation is not included in the secured debt of this case’s real estate, Defendant Foundation has the right of statutory subrogation as to the security provided by a credit guarantee company, which is not a secured loan institution, with a separate obligation (see Supreme Court Decision 2001Da53929, Jul. 26, 2002). Defendant Foundation asserts to the effect that, as a credit guarantee company, I, which is a credit guarantee company, has the right of statutory subrogation as to the instant real estate corresponding to the security provided by separate obligation.
In the event that a person who has a legitimate interest in performance makes a subrogation for a debtor a part of the claim on behalf of the obligor, the subrogation shall acquire as a matter of course the rights to the claim and security held by the previous obligee within the extent of the value of performance performed by the subrogated. Thus, the right of statutory subrogation by the subrogated person may be exercised only within the extent of the rights to the claim
In this case, the above Supreme Court Decision 2001Da53929 Decided December 2, 2001 revealed by the defendant foundation is not only where the secured debt of the right to collateral security held by the creditor was included, but also where the creditor with the right to collateral security has not completed only the additional registration before the partial transfer of the right to collateral security). The creditor with the right to collateral security was paid a part of the claim by the debtor (credit guarantee holder) after receiving the payment from the debtor.