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(영문) 대전고등법원 2019.11.06 2018나15015
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, in addition to the part cited in paragraph (2) below and the part concerning the Plaintiff’s assertion as stated in this court as stated in paragraph (3). Thus, this part of the reasoning of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of

2. In the part of the judgment of the court of first instance, the phrase “registered real estate” of the second page Nos. 10 and 3 of the judgment of the court of first instance is replaced by each “land listed in paragraph (1) and buildings listed in paragraph (2) before the extension.”

The third part of the judgment of the first instance is replaced by the third part of the judgment, “after completion,” “after extension, with respect to real estate listed in the list of attached real estate.”

No. 6 of the first instance judgment, "A factory and mining foundation mortgage law" is replaced by "Law No. 9520".

The third part of the judgment of the first instance shall be deleted from the third part of the judgment.

The first instance judgment No. 4, 7, on the ground of the first instance judgment, "the defendant" shall add " March 31, 2016" to "the defendant."

Part 4 of the first instance judgment is replaced by " March 31, 2016" in Part 8 as "the same day."

Part 4 of the judgment of the court of first instance is replaced by "Class 2".

On the 5th page of the judgment of the first instance, the following is added: “B Even if the right to collateral security transferred by the right to collateral security under Article 1 or by the right to collateral security is transferred to a third party, consent shall be given to the application of the matters prescribed in Article 2 between the third party and the transferor or transferee.”

The last sentence of the 7th judgment of the first instance is replaced by "the second order".

3. Additional determination

A. A summary of the Plaintiff’s assertion (1) Article 15(2) of the Credit Guarantee Clause provides that a creditor shall appropriate the collected amount in preference to the repayment of a claim other than the secured collateral loan. Article 20(1) of the Credit Guarantee Clause provides that a security right equivalent to the amount calculated by multiplying the secured collateral amount less the secured collateral other than the secured collateral amount by the guaranteed collateral ratio, if the Defendant fulfills the guaranteed obligation.

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