Here is the translation:
Subject of Dispute: Challenging the Inaction of a Private Executor Regarding the Termination of Enforcement Proceedings for Credit Debt Recovery.
Key Court Arguments:
1. The guarantor argued that credit obligations were fully terminated due to the sale of the mortgage subject at a price exceeding the debt amount.
2. The court indicated that in such a situation, the debtor must apply to the court with a request to recognize the writ of execution as non-enforceable, rather than challenge the executor’s actions.
3. The court noted that the fact of foreclosure on the mortgage subject is not an unconditional basis for terminating the obligations under the credit agreement.
Court Decision: To cancel the appellate court resolution and uphold the first instance court’s decision to reject the guarantor’s complaint against the private executor’s actions.
