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(영문) 서울고등법원 2019.08.21 2018나2046453
배당이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment on the plaintiffs' grounds for appeal to the following. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the grounds for appeal by the plaintiffs

A. The gist of the grounds of appeal by the plaintiffs 1) Unlike the increase or decrease of the amount of debt, the discount bill loan with changes, or the comprehensive passbook loan with only the principal and interest of the loan, it is practically the same as a specific debt security without distinction between the specific debt security and the limited collateral.

B) Therefore, in order to view the instant right to collateral security as a limited collateral for general loan, it is necessary to separately stipulate the content of including loans under the existing loan Nos. 1 and 2 in the scope of collateral, other than using the expression of limited collateral security, as well as the content of including loans under the existing loan No. 3.) Rather, the maximum debt amount of the instant right to collateral security agreement is not the total amount of loans No. 1 and No. 3, but the total amount of loans No. 720,000,000 won, which is 864,000,000 won, and the Defendant was able to receive the full repayment of the instant 1 and No. 2, through the auction of K Apartment and H apartment, and withdrawn the application for auction against the said K apartment and H apartment. Therefore, it is reasonable to view the instant right to collateral security agreement as a specific debt that is limited to the above 3rd loans.

2) The claim that the right to collateral security violated the basic legal principles of the right to collateral security is to secure the secured obligation within the scope of the maximum debt amount, and the instant right to collateral security constitutes a limited collateral security.

Even if the purport of this case is not publicly announced, it cannot be set up against subordinate mortgagees.

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