근저당권말소등기승낙
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 of the court's explanation concerning this case is that the part of the judgment of the court of first instance is identical to the part of the reasoning of the judgment, except for the modification of the part of the No. 2, No. 13 of the judgment of the court of first instance as the "right to collateral security" and the part of No. 4, No. 13 as the "right to collateral security" of the judgment of the court of first instance as the "right to collateral security right" and the part of the No. 4
Instructions of Change :
B. The Defendant’s assertion 1) Article 352 of the Civil Act, which provides for the limitation on the Defendant’s disposal of the right by the pledger, is binding not only on the pledger but also on the third obligor who has received or consented to the notification of the pledge. The set-off due to C’s repayment of the price for the goods or carrying-in of the goods, is invalid in relation to the Defendant, who is the pledgee. 2) The judgment of the lower court is null and void in relation to the pledgee, unless there are special circumstances, where the secured claim is pledged due to the nature of the sub-mortgage, the mortgage is accompanied by the mortgage unless there are special circumstances. The mortgage of the secured claim is combined with the pledge of the secured claim and the pledge of the secured claim of the secured claim, and thus the provisions on changes in the real right
In addition, although there is no express provision on the pledge in the Korean Civil Code, there is no difference between the parties to the transaction and the validity of the pledge in practice, and the rights and obligations due to the establishment of the pledge are different from the contents of the general pledge except for the characteristics due to the relaxation of the nature of the secured debt.
Therefore, unless there are special circumstances, it is judged that the above provision on the pledge of rights applies to the relation of rights for which the pledge of rights is established.
On the other hand, Article 352 of the Civil Code provides that the pledger cannot extinguish the right under the pledge without the consent of the pledgee or make changes to the pledgee's right under the pledge.