(a) In the case of joint mortgages, where the subrogation of subordinate mortgagee and the subrogation of the person who has pledged his property to secure another's obligation conflict, the priority in legal relations;

B. Whether a person who has pledged his/her property to secure another's property may file a claim for cancellation of the senior mortgage on the ground of the extinguishment of the senior mortgage obligation

A. In a case where a subordinate mortgage is established on the real estate owned by the joint debtor and the real estate owned by the property owned by the property owned by the property pledged, the property pledged by the property pledged by the property pledged by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property secured by the property.

B. The registration of cancellation shall not be made with respect to the registration of the establishment of senior mortgage acquired by the person who has pledged his/her property to secure another's property, but with respect to the registration of the establishment of senior mortgage acquired by the person who has pledged his/her property to secure another's property, the additional registration of the transfer of the mortgage should be made in the future, and therefore, the owner of

Articles 368(2), 481, 482, 370, and 342 of the Civil Act

[Judgment of the court below]

Seoul Trust Bank Co., Ltd., Counsel for defendant-appellee

Intervenor 1 et al., Counsel for the intervenor joining the defendant-appellant, Kim Dong-dong Law Office, Counsel for the intervenor joining the defendant-appellant and two others.

Seoul Civil District Court Decision 92Na35812 delivered on April 13, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

(1) According to the reasoning of the judgment below, the court below rejected the above 1,218,9,82 won as to the above 5-mortgage-mortgage-backed mortgage-backed property owned by the defendant's 2-mortgage-backed mortgage-backed property on the 1,2, 4, and 5-mortgage-backed property owned by the non-party 3-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage 1, 2, 300 won as to each of the above 5-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage 1, 3000 won.

(2) In a case where a subordinate mortgage has been established on the real estate owned by a person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person, the person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person shall first acquire the right to indemnity against the debtor and at the same time has acquired the property by subrogation under the provisions of Articles 481 and 482 of the Civil Act. This is because the person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has pledged the property to secure another person who has secured the property to secure another person who has acquired the property to secure another person who has pledged the property to secure another person who has secured the property to secure another person's property by way of a subordinate mortgage.

In addition, this legal principle also applies to the case where there are several persons who have pledged the property to secure another's obligation (in this case, the relationship of subrogation between the persons who have pledged the property to secure another's obligation shall be governed by Article 482 (2) 4 and 3 of the Civil Code). The person who has pledged the property to secure another's obligation first sold the property to the mortgagee and subrogated the property to the mortgagee once, the person who has pledged the property to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's obligation to secure another's property, the person who has pledged the property to secure another's property to secure another's obligation to secure another's obligation to secure another's property can make a subrogation

Therefore, the court below dismissed the plaintiff's claim of this case on the premise that the provisions of Article 368 (2) of the Civil Code shall apply even in the case of real estate owned by the property pledged by the property pledged by the property as joint collateral.

(3) However, the court below rejected the plaintiff's claim based on the court below's decision that the plaintiff could not file a claim for cancellation of the registration of the establishment of a mortgage on the first real estate of this case by subrogation even though subrogation by the plaintiff's person who has pledged his property to secure another's property has first priority over the claims of this case. According to the above facts acknowledged by the court below, the above non-party 1, non-party 2, and non-party 3, who has pledged the property to secure another's property, can not claim cancellation of the registration of the establishment of a mortgage on the second, fourth, and five real estate of this case, and the non-party's assertion that the above mortgage on the third real estate of this case could not be revoked by subrogation is not affected by the judgment of the court below because the non-party's assertion that the above mortgage on the third real estate of this case was not extinguished by the non-party's second, fourth, and fifth real estate of this case.

(4) Therefore, the appeal is dismissed and all 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.

Justices Song Man-man (Presiding Justice)