logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.05.14 2019나53092
배당이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the court's explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or replacement of each corresponding part of the judgment of the court of first instance as follows. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment on the assertion against Defendant C, the following entry shall be added to Chapter 10 of Part 13:

【On the other hand, the Plaintiffs are registered to establish a mortgage on the establishment of a mortgage in the name of L (hereinafter “the establishment of a mortgage on the previous location”) insofar as L was fully paid the lease deposit under the following grounds:

(C) The establishment registration of the first place of the instant real estate in the name of Defendant C (hereinafter “the establishment registration of the first place of the instant real estate”) is also null and void, and the establishment registration of the first place of the instant real estate in the name of Defendant C was not agreed to be used as the establishment registration of the first place of the instant real estate by using the establishment registration of the previous place of the instant real estate in which L, I and Defendant C were null and void.

claim that no effect is effective.

However, as alleged by the plaintiffs, even if Defendant C was unable to obtain the previous secured debt from L, which was extinguished by repayment, and the previous secured debt was null and void due to the extinguishment of the previous secured debt, considering the overall purport of the pleadings as a whole, the instant facts of recognition, and (b) in addition to the legal principles under clause (a) under the circumstances of the occurrence of the occurrence of the damages, it is determined that the establishment registration of the first class mortgage of this case would be effective since it would be useful for the establishment registration of the previous class 1 mortgage of this case which was null and void.

Therefore, the plaintiffs' assertion that the establishment registration of the first place of the instant case is not effective is without merit.

The principal real estate owner and the debtor are secured by the establishment registration of the mortgage to the mortgagee who is the creditor.

arrow