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(영문) 서울고등법원 2018.09.12 2018나2007113
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this decision is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Plaintiff’s claim that the amount of the secured claim of the right to collateral established on December 20, 2010 was determined by the final settlement agreement on July 26, 2016, but the amount of the secured claim of the right to collateral is determined at the time of filing a request for auction on the grounds of nonperformance of the secured obligation (see, e.g., Supreme Court Decisions 89Meu15601, Nov. 28, 1989; 92Da48567, Mar. 12, 1993). Since the right to collateral is not subordinate to the right to collateral, the right to collateral is treated as ordinary mortgage (see, e.g., Supreme Court Decision 97Da26104, 2611, Oct. 27, 1998; Supreme Court Decision 89Meu1601, Oct. 26, 201). However, the Plaintiff’s claim that the claim for auction after voluntary auction is not affected by the first secured claim at the time of lease and the right.

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