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(영문) 서울고등법원 2017.10.26 2017나2030963
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the part of the judgment of the first instance except for the corresponding part of the judgment of the first instance as stated in the following paragraph (2). Thus, this is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the part to be used by the court of first instance, the “Icheon-si E” in Section 9 of the second part of the court of first instance shall be used as “Icheon-si G,” and, on the same face, the term “F” in the second part below shall be changed to “F (H).”

A. The court of first instance held that “the date of distribution” of No. 4 of the first instance judgment was “the date of distribution of the instant voluntary auction procedure”

A. According to the reasoning of the judgment of the court of first instance, the Plaintiff filed a lawsuit seeking the cancellation of the first collateral mortgage (Seoul Central District Court 2014Ga19351), on the ground that the obligation under the first collateral mortgage of this case was extinguished on October 28, 2014, on the ground that the obligation under the first collateral mortgage of this case was extinguished due to the repayment of the obligation under the first collateral mortgage of this case from the appellate court (Seoul High Court 2014Na2014Na204296) to the court of first instance, and on the ground that the obligation under the first collateral mortgage of this case was extinguished due to the repayment of the obligation under the first collateral mortgage of this case, the judgment of the court of first instance became final and conclusive, but the judgment of the court of first instance became final and conclusive on June 12, 2015 (see Supreme Court 2015Da2515150, Oct. 28, 2014).

A. On March 8, 2013, the first instance court ordered “the fact that the payment order was received” under Section 15 of the first instance judgment to read “the fact that the payment order was finalized on the 23th of the same month after the original copy of the payment order was served on the Plaintiff on March 8, 2013.”

3. The plaintiff's claim of this case is without merit.

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