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(영문) 창원지방법원 2019.07.18 2018나4158
근저당권설정등기말소
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The plaintiff's defendant Hanam-gun C.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning of the judgment of the court of first instance is the same as that of the court of first instance

2. On the third bottom of the judgment of the court of first instance, the phrase “paragraph 4 of the instant arrangement” in the third bottom of the judgment of the court of first instance shall be read as “paragraph 3 of the instant arrangement.”

The part of the judgment of the first instance, which stated in the overall title between the 11st and 7 of the first instance judgment, is deleted.

The 6. "Judgment on the Preliminary Claim" portion between the 13th and 15th parties in the judgment of the first instance shall be as follows.

“A. When a mortgagee of a right to collateral security has applied for an auction to exercise the right to collateral on his/her own, the secured claim becomes final and conclusive with a claim arising from a basic contract until the time the application was filed (see Supreme Court Decision 95Da36596, Mar. 8, 1996). In cases where the applicant creditor applied for an auction by stating only a part of the secured claim as the claim amount in the application for the auction, barring any other special circumstances, the applicant creditor shall be limited to the amount of the secured claim indicated in the application for the auction, and the secured claim shall not be fixed as the claim amount stated in the application for the auction (see Supreme Court Decision 96Da495, Feb. 28, 1997). Therefore, the applicant creditor may receive double auction by filing an application for remedy by the completion date of the request for distribution, or receive distribution from another claim (see Supreme Court Decision 2003Da51583, Feb. 27, 2004). 197

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