logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 대법원 1969. 9. 30. 선고 69다1173 판결
[근저당권설정등기말소등][집17(3)민,158]
Main Issues

If a loan for consumption has been registered as a collateral for an obligation, the obligor's repayment is prior to the cancellation of the registration of the establishment of a mortgage and is not simultaneously performed with the repayment of the obligation.

Summary of Judgment

If a loan for consumption has been registered as a collateral for an obligation, the obligor's repayment is prior to the cancellation of the registration of the establishment of a mortgage and is not simultaneously performed with the repayment of the obligation.

[Reference Provisions]

Article 536(1) of the Civil Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Korean Bank, Inc.

Judgment of the lower court

Seoul High Court Decision 68Na1561 delivered on May 21, 1969

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The Plaintiff’s attorney’s ground of appeal is examined.

In a loan for consumption, if the establishment registration was completed by a mortgage agreement for the purpose of security of the obligation, the debtor's repayment is a prior obligation prior to the registration of cancellation of the registration of establishment of a mortgage, and it cannot be said that there is a concurrent repayment relationship with the repayment of the obligation. Thus, the court below held that the plaintiff's demand in return for delivery of all documents and documents necessary for the application for cancellation of the registration of establishment of a mortgage in deposit of the obligation is a condition for deposit receipt, and unless the creditor accepts it, the repayment does not take effect because it is not performed according to the principal place of the obligation, and even if the creditor sent a written consent for withdrawal of the deposit for repayment and deposited additional repayment with all remaining obligations of the same month, it is obvious that it is the fact after the closing of argument in the court below. Thus, the ground of appeal cannot be justified

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

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)

arrow