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TITLE [12_18_14]The Supreme Court decision 2011Da50233
ATTACHMENT [12_18_14]The Supreme Court decision 2011Da50233.docx

On December 18, 2014, the Supreme Court of Korea (Justice in charge: Justice Cho Hee-de, Presiding Justice: Chief Justice Yang Sung-tae) changed the past Supreme Court precedents in its en banc decision, rendering a judgment that “when the guarantor of secured mortgage repays debt or loses ownership on account of execution of security right, he or she can subrogate the creditor in a full amount that he or she contributed within the limit of the right of reimbursement against the third party who acquired pledged immovable property from the debtor, like a guarantor who paid off secured debt. On the contrary to this, when the third acquisitor above repays debt or loses ownership on account of execution of security right, he or she cannot subrogate the creditor against a guarantor of secured mortgage.” (Supreme Court en banc Decision delivered on December 18, 2014, 2011Da50233)

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