건물명도
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Where both the date of opposing power and the fixed date of lease agreement of a housing lessee under the Housing Lease Protection Act are prior to the date of establishing a first priority collective security right on the relevant housing, a housing lessee has a preferential right to payment prior to the first priority right, as well as the opposing power, barring any special circumstances, and thus, if a demand for distribution was made prior to the commencement of the auction procedure regarding the relevant housing, the said housing lessee has a preferential right to payment prior to the commencement of demand
On the other hand, the execution court shall prepare and keep a copy of the list of goods to be sold, stating the matters such as the indication of the real estate, the possessor of the real estate and the title of the possession, the period for possession, the statement of related persons as to the rent or deposit money, etc. in the auction
(Article 105 of the Civil Execution Act (Article 105 of the Civil Execution Act). This is to prevent unexpected damages by accurately ascertaining the current status and relationship of real estate subject to auction and disclosing it to the public so that those who wish to purchase can easily obtain necessary information.
(see, e.g., Supreme Court Order 95Ma1197, Nov. 22, 1995). In a case where a housing lessee clarified the opposing power and preferential payment right, such as the amount of lease deposit, the delivery date of a house, the date of resident registration, the date of resident registration, the fixed date of a lease agreement, etc., and made a report on the right and demand for distribution, the contents thereof are indicated in the specification of the goods sold, and thus, an applicant for purchase sets the purchase price to be reported on the basis
Therefore, it is trusted that the dividend order of the housing lessee, which the buyer of the auction procedure reported the right and demanded the distribution, is more priority than the first mortgagee.