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(영문) 제주지방법원 2017.11.29 2017나827

배당이의

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1. Revocation of the first instance judgment.

2. On May 2016, the Jeju District Court held that the auction of real estate B was held by the said court.

Reasons

1. Basic facts

A. On April 4, 2006, the Defendant loaned KRW 60 million to C (the spouse of the Plaintiff) on April 4, 2006 (hereinafter “the first loan”). On March 29, 2006, the Defendant and the Plaintiff jointly and severally guaranteed the above obligation. The loan transaction agreement state “general loans and real estate mortgage loans” as “the loan type” as “01-commercial industrial funds” in the loan use column, and “2-security” as “the loan classification column. D is written on March 29, 2006, when the loan was extended, the Defendant and the Defendant concluded a mortgage contract with the Defendant (hereinafter “instant contract”).

(1) The real estate in the separate sheet (hereinafter referred to as “instant real estate”) that was owned by the debtor C for the debtor C

3) As to the Defendant’s right to collateral security (hereinafter “instant right to collateral security”).

(2) The instant mortgage contract made between D and the Defendant was made to be written by selecting one of the specific collateral security, limited collateral security, and comprehensive collateral security regarding “the scope of the secured obligation” in Article 1. However, D did not state any description in the above column.

(A) The Plaintiff asserted that the Defendant’s employee stated “limited period of time” in the column prior to the application for auction, and stated “limited period of time” in the column. In full view of the overall purport of the pleadings, as alleged by the Plaintiff, the column was the column at the time of establishing a right to collateral security, and the entry “limited period of time” was added to the column later, as alleged by the Plaintiff. Meanwhile, with respect to “limited period of time security” under the above contract, the obligor stated “all obligations currently and future due to the following transactions with respect to the obligee,” but there is no indication in the column for stating the type of transaction of the limited period of time security.

(b).