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1. The plaintiffs' appeal is 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 of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the following portions as to this case. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【The part of the judgment of the court of first instance】 The 6th sentence “293,443,380” of the 6th sentence of the judgment of the court of first instance added “the 9th sentence” to “the 9th sentence and the 14th sentence to 18th sentence are as follows.
In a case where “Iibian joint mortgagee has been apportioned part of the secured debt out of the proceeds from the sale of part of the immovable property, which is the object of the joint collateral, through the realization procedure of an auction, etc. conducted by another person, the right to preferential reimbursement cannot be exercised again in the realization procedure of the remaining immovable property. It is reasonable to interpret that the scope of the right to preferential reimbursement, which can be exercised as a joint mortgagee with respect to the remaining immovable property, is limited to the remainder of the secured debt amount less the amount preferentially reimbursed from the initial maximum debt amount, regardless of whether the secured debt is determined or not (see Supreme Court en banc Decision 2013Da1692, Dec. 21, 2017). According to the foregoing facts, the amount of the secured debt of the instant joint collateral does not exceed 40 million won, but the Defendant has been apportioned dividends out of the initial secured debt amount, which is the joint mortgagee’s registration of the instant joint collateral security, as the joint mortgagee’s right to preferential reimbursement of part of the real property, and the remainder of the secured amount is apportioned out of the secured amount of KRW 100.
annex.