경매법원으로서는 채무자 소유 부동산의 경매대가에서 공동저당권자에게 우선적으로 배당하여야 함[국승]
Seoul Southern District Court 2015dan64128 ( August 19, 2016)
The court of auction shall preferentially distribute dividends from the proceeds of the auction of the immovables owned by the debtor to the joint mortgagee.
The auction court shall preferentially distribute from the auction price of the real estate owned by the debtor to the joint mortgagee, and shall additionally distribute from the auction price of the real estate owned by the person who has pledged to secure another's property only if there is a shortage.
Article 368 of the Civil Act
2016Na58404 Action for Demanding cancellation of chonsegwon
Plaintiff (Appellant)
A
Defendant (Appellant)
Korea
December 9, 2016
January 13, 2017
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
the Gu Office's place of service and place of service
The judgment of the court of first instance shall be revoked. With respect to the auction case of real estate rent in Seoul Southern District Court 2015, 1298, 2015, the amount of dividends92,098,360 won against the defendant among the dividend table prepared by the above court on December 9, 2015 shall be 5,259,016 won, and the amount of dividends against the plaintiff shall be 36,839,344 won, and the amount of dividends against the defendant in the same dividend table shall be 85,523,46 won, 51,314,079 won, and the amount of dividends against the plaintiff shall be 34,209,387 won, respectively.
1. Quotation of judgment of the first instance;
The reasoning for the court's explanation on this case is that "the distribution schedule of this case was prepared in an appropriate manner as above," and "the distribution schedule of this case was prepared in an appropriate manner as above," and except that the defendant's dividends are not the auction price for the land owned by the plaintiff, but the auction price for the part owned by the plaintiff." Thus, it is identical with the reasoning for the judgment of the court of first instance, and it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.