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(영문) 서울고등법원 2018.10.11 2018나2023344

배당이의

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning for this part of the reasoning is as follows: (a) the reasoning for this Court is as follows: (b) the reasoning for this part of the judgment of the first instance is as follows: (c) the reasoning for the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except where the “I” of the judgment of the first instance is used as “K

2. The parties' assertion

A. Where the secured debt of the right to collateral security has been provisionally seized, the effect of the provisional seizure extends to the right to collateral security, as well as to the secured debt, which is subordinate to the secured debt, based on the incidentalness of the right to collateral security. Since the priority order of distribution of the secured debt of the provisional seizure is determined according to the priority order of the secured debt preserved by the provisional seizure, if the secured debt has preferential right to collateral, the creditor who is entitled to receive dividends in accordance with the order of each of the secured claims of the first and second secured claims registered prior to the registration of the decision to commence the provisional seizure (Article 148 subparagraph 4 of the Civil Execution Act), or the provisional seizure execution of the land of this case, which is the object of the auction, is not made before July 11, 2016 (Article 148 subparagraph 2 and Article 88 of the Civil Execution Act). Accordingly, the decision of the court of execution on the provisional seizure of the plaintiff of this case should not be made in preference to the decision of the court of execution of the plaintiff of the provisional seizure of this case.