The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1.(a)

Article 368 of the Civil Act on Joint Mortgages should be applied by analogy in cases where a person liable for tax payment exercises the preferential right to payment of taxes on various real estate owned by the person liable for tax payment, because the person liable for tax payment has the nature of the so-called statutory security right in that the person liable for tax payment has a preferential right to payment on the whole property within a certain scope.

(1) In a case where a taxpayer’s real estate property is sold at a pre-sale of part of the real estate owned by the taxpayer and the tax authority is preferentially paid out the tax due to the preferential repayment right, and where the mortgagee of the auction real estate was at a disadvantage than the simultaneous distribution of the tax claims from the above several real estate pursuant to Article 368(1) of the Civil Act, the latter part of Article 368(2) of the Civil Act shall apply mutatis mutandis. If the tax authority received a dividend from the above several real estate at the same time, the mortgagee may receive a preferential distribution in preference to the auction procedure of other real estate by subrogation of the mortgagee to the extent of the amount that he could have received a reimbursement from the proceeds from the sale of other real

(see, e.g., Supreme Court Decision 99Da22311, Nov. 27, 2001). Moreover, the right of a senior taxation obligee subrogated in this context is a preferential right of preference, not a claim of a senior taxation obligee, but a claim of priority that has the nature of a security right attached thereto, as it is the subrogation of a senior mortgage under the latter part of Article 368(2) of the Civil Act.

(See Supreme Court Decision 2009Da53017, 53024 Decided November 12, 2009). B.

On the other hand, a taxation claim and a mortgage that have been completed for the real estate on which a mortgage has been established due to the arrival of the statutory deadline.