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(영문) 대법원 2015.06.23 2014다35167
근저당권설정등기말소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

According to the reasoning, the court below acknowledged the facts as stated in its reasoning based on the evidence of employment, and rejected the Plaintiffs’ assertion that each of the instant mortgages was liable to cancel the difference between the amount already repaid by the Plaintiffs from the maximum debt amount of each of the instant mortgages, on October 26, 201, on the ground that each of the instant mortgages constitutes a limited collateral that guarantees the loans of general funds to the Defendant of C Co., Ltd., which existed prior to the period for settlement of accounts, and thus, on October 26, 2011, the repayment of the Plaintiffs against the Defendant constitutes a subrogation for a part of the secured debt amount of each of the instant mortgages, and therefore, each of the instant mortgages remains in existence for the security of the remainder of the principal and interest of general funds against the Defendant of C Co.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the right to collateral security and the water guarantee,

Supreme Court Decision 74Da998 Decided December 10, 1974 cited in the ground of appeal is not appropriate to be invoked in the instant case on the ground that the secured debt comes due to the arrival of the liquidation period of the right to collateral security and is related to the repayment of the surety after the secured debt becomes final and conclusive.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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