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(영문) 전주지방법원 2015.10.08 2014나11249
배당이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the corresponding part of the reasoning of the judgment of the court of first instance, except for the following modifications or additions, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

At the second bottom of the judgment of the court of first instance, the 10th " May 16, 2004" was added to " June 16, 2004".

The first instance court's decision No. 10 and No. 11 stated that "A defendant has completed the registration of establishment of a mortgage of this case in order to secure F with a view to securing F's right to advance indemnity," "A defendant has completed the registration of establishment of a mortgage of this case in order to secure F's right to indemnity to be incurred in the future (the defendant claimed that "the registration of establishment of a mortgage of this case was completed in order to secure F's right to advance indemnity," and the above assertion was withdrawn from the first instance court and changed at the trial as above."

The first instance court's decision 4th to 13th 5th eth eth eth eth eth eth eth eth.

According to the statement in Eul evidence Nos. 1 and 2, F was loaned KRW 100,00,000 from Seocho-dong Agricultural Cooperative on August 3, 2010. The defendant completed the registration of establishment of a neighboring mortgage on a house owned by the defendant as a security for F's above loan obligations, and the fact that F's above loan obligations incurred overdue interest from May 2013 is recognized.

Article 341 of the Civil Act provides that "If a pledger to secure another person's obligation has discharged his obligation or has lost ownership of the pledged article due to the exercise of the right of pledge, he shall have the right of indemnity against the debtor pursuant to the provisions on the guarantee obligation." The above provisions shall apply mutatis mutandis to a mortgage pursuant to Article 370 of the Civil Act. If a person who has pledged his property to secure another person's obligation has lost his ownership of the immovable which has been provided by the exercise of

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