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(영문) 수원지방법원평택지원 2016.09.06 2015가단44415 (1)
근저당권의효력범위확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. As the cause of the instant claim, the Plaintiff asserted that: (a) the part on board (1) of the building indicated in the separate drawing corresponds to the building listed in the separate sheet No. 2 (hereinafter “instant building”); and (b) the part on board (1) of the building indicated in the separate drawing No. 2 (hereinafter “instant building”); (c) with respect to each of the instant buildings, the effect of the right to collateral security in the name of the Plaintiff on the part of the above claim No. 2 (1) is also effective; (d) however, even though the application for exclusion from the sale of the Defendant was accepted in the auction procedure for the sale of the real estate rent B, the Suwon District Court accepted the application for exclusion from the sale of the above part (1) and was not included in the sale; and (e) the Plaintiff asserted that the effect of the right to collateral security in

However, in our legal system, litigation procedures and enforcement procedures are different from the basis, character, procedural principles, etc., and the agency in charge separate them, so the progress of the procedure is carried out independently and the method of appeal is also separately provided.

In such a situation, the above ground alleged by the Plaintiff is an accessory to the above building’s nature, and the effect of the Plaintiff’s right to collateral security extends to the above building(1), and therefore, it is entirely necessary to determine whether the above part of the ship is included in the auction subject matter for each of the buildings of this case. If the Plaintiff is seen as an accessory to the above part of the ship and accordingly the effect of the right to collateral security has been lost, the court of execution should determine it entirely in the process of auction. Since the above part of the ship falls under the foregoing (1) and the right to collateral security has been invalidated, it should be included in the above voluntary auction subject matter and evaluate it as well as determine the minimum sale price as well as include it in the subject matter,

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