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(영문) 대법원 2015.06.11 2015다10967
배당이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court determined that the claim for the second loan is not included in the secured claim of the instant mortgage because it is difficult to view the instant mortgage as the instant mortgage-backed mortgage-backed mortgage-backed claim as the Defendant’s assertion.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, it did not err by misapprehending the legal principles on the interpretation of legal acts or disposal documents related to the scope of secured debt by collateral security.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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