공동근저당에 있어서의 채권최고액의 감액

Reduction of the proceeds of the foreclosure sale in a blanket mortgage on roll over loan

Some time ago, a district court made a judgement upon the influence that preceding performance of roll over loan mortgage can have on the maximum credit amount in dividing disbursement of the proceeds of the foreclosure sale in a blanket mortgage on roll over loan in different times. According to the same, when creditor is satisfied with the preceding procedure of auction, the scope of maximum credit amount that can be divided to the creditor in the scope is reduced irrespective of whether mortgage bond is settled or not. However, in the case of blanket mortgage on roll loan composed of liquid plural roll over loan mortgage, the respective roll over loan mortgage is mutually independent before the settlement. Therefore, it can be concluded that the preceding division at division of different times which is not based on the settlement of blanket mortgage on roll over loan and thus the maximum amount is not reduced. This fact can be verified by investigating the nature and history of blanket mortgage on roll over loan and the case of legislation in foreign countries.