The scope of claims which a surety who has lost ownership of secured real estate due to a successful bid shall be claimed from an obligor.

The scope of the right to claim compensation against the obligor by the surety who has lost the ownership of the mortgaged real estate due to the successful bid is equivalent to the market price of the real estate at the time the decision to grant the successful bid becomes final and conclusive, unless there are special circumstances.

Article 441 of the Civil Act

[Judgment of the court below]

Attorney Lee Jae-nam et al., Counsel for the defendant-appellant

Gwangju High Court Decision 77Na137 delivered on March 15, 1978

All appeals by the plaintiff and the defendant are dismissed.

The costs of appeal shall be assessed against each appellant.

The grounds of appeal by the Plaintiff’s attorney and the grounds of appeal by the Defendant’s attorney are also examined.

However, according to the records of the court below's reasoning, the court below is justified in holding that the court below is obligated to pay the plaintiff the amount of the compensation to the plaintiff based on the fact that the owner of the real estate offered as security is equivalent to 150 won at the time of the successful bid of the house of this case at December 25, 1968, and that 5,600 won at the market price at the time of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class of the 1st class.

Therefore, all appeals by the plaintiff and the defendant are dismissed. The costs of appeal are assessed against each appellant. It is so decided as per Disposition by the assent of all participating judges.

Justices Presiding Justice (Presiding Justice)