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(영문) 서울중앙지방법원 2018.02.14 2017나48156
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance, except for the addition of the following contents to the court of first instance No. 5, No. 5, and No. 18, etc

In addition, [Attachment 5] The mortgage cannot be secured separately from the secured claim (Article 361 of the Civil Act). Thus, the pledge of the secured claim is combined with the pledge of the claim and the pledge of the mortgage. In such a case, all of the requirements for setting up against the assignment of claim and the additional registration of the pledge (Article 348 of the Civil Act) must be met.

(See Supreme Court Decision 2002Da15412, 15429 delivered on June 10, 2005, etc. [Attachment 18] The Plaintiff asserted that the purpose of the pledge is (B) collateral, while the Defendants’ seizure on (B) collateral is a claim for dividend payment, the Defendants do not constitute a third party who acquired a legal status that cannot be compatible with the claim itself. However, the mortgagee’s claim for dividend payment is recognized based on the mortgage claim, particularly on the preferential repayment effect, which is the essential effect of the mortgage, and thus, it cannot be said that both claims are compatible.

Therefore, the Plaintiff cannot claim preferential reimbursement against the Defendants as a pledgee, and only can the Plaintiff exercise the right as a general creditor of the Puls.

2. The plaintiff's claim against the defendants is dismissed as all of the plaintiff's claims are without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is all dismissed. It is so decided as per Disposition.

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