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All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. When a decision on permission for sale of real estate is confirmed at the auction, the court shall fix the payment period and the buyer shall pay the sale price by such deadline;
(Article 142(1) and (2), and Article 268 of the Civil Execution Act. Article 143 of the Civil Execution Act provides for the assumption of an obligation as one of the special methods for paying the proceeds of sale. In addition, the purchaser may take over an obligation in lieu of the payment of the proceeds if the related creditors consent to the implementation of the distribution schedule within the extent of the proceeds from sale, in addition to taking
(1) Paragraph (1) of this Article, since the amount of the obligation accepted at this time is limited to the amount of the obligation to be distributed to the creditor on the date of distribution, the amount of the obligation acquired shall be determined only on the date
When a successful bidder has raised an objection against the obligation taken over, the successful bidder shall pay the price corresponding thereto not later than the expiration of the date of distribution.
(3) Pursuant to Article 143(1) of the Civil Execution Act, if the purchaser takes over the obligation in lieu of the payment of the sale price with the consent of the related creditor, the purchaser shall be deemed to have paid the sale price in cash and the effect thereof.
The creditor who has accepted such assumption of obligation should be deemed to have obtained the satisfaction of the obligation within the scope of the obligation that has been taken over, so the debtor's obligation is extinguished within the scope of the obligation.
Therefore, the assumption of obligation as stipulated in the above provision should be regarded as the assumption of obligation.
2. According to the reasoning of the lower judgment and the evidence admitted, the following facts are revealed.
Defendant A, on November 23, 2007, received loans of KRW 418 million from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”); interest rate of KRW 1.33% based on CDs loan; repayment period of KRW 1.33% on Nov. 27, 2008; and delay compensation rate of KRW 19% on a yearly basis (hereinafter “instant loans”); and thus, Defendant A is liable for the instant loans.