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(영문) 대법원 2015.07.09 2015다17371
배당이의
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In the event that the registration of provisional seizure was made first and the registration of the establishment of a neighboring mortgage was completed, in the distribution relationship of the auction procedure, the mortgagee of the senior provisional seizure cannot claim preferential payment right against the creditor of the senior provisional seizure. Therefore, the creditor of the provisional seizure is entitled to equal dividends in the qualification of the mortgagee of the senior provisional seizure and the general creditor, and therefore, the creditor of the provisional seizure is prohibited from exercising the right of revocation

(2) The lower court did not err in its judgment by misapprehending the legal doctrine on the illegality of an act in a fraudulent act, contrary to what is alleged in the grounds of appeal.

The Supreme Court decisions cited in the grounds of final appeal are related to the establishment of a collateral security right without any obligation, and are different from the instant case, and thus, are inappropriate to be invoked in the instant case.

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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