채무자 소유 부동산의 경매대가에서 공동저당권자에게 우선적으로 배당하여야 함[국승]
dividend from the auction proceeds of the real estate owned to the joint mortgagee; and
In case of distributing the auction price, it shall be preferentially distributed to the joint mortgagee from the auction price of the real estate owned by the debtor, and it shall be additionally distributed from the auction price of the real estate owned by the surety or the third acquisitor only if there is a shortage.
Article 24 of the National Tax Collection Act
2016Na5603 Objection against distribution
Plaintiff and Appellant
KimA
Defendant, Appellant
Korea
on October 016, 201
October 13, 2016
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Cheong-gu and purport of appeal
The judgment of the court of first instance shall be revoked. With respect to the case of an application for a auction of real estate rent (Seoul Southern District Court 2014 Y0000), the amount of dividends to the defendant among the dividend table prepared by the above court on November 25, 2015 shall be deleted and the amount of dividends of KRW 7,298,202 shall be corrected to pay to the plaintiff KRW 2,919,280.
1. The reasons for the court's explanation on this case are as follows: "The third acquisitor or the plaintiff's creditor who acquired the ownership of the part of the building among the households of this case is in the position of the surety in the status of the surety in the situation where the joint mortgage is created; "In such a case, the above legal principles of the Supreme Court's ruling as mentioned above shall also apply mutatis mutandis to this case; and "the defendant in the 6th page 12" shall be the same as the reasons for the judgment of the first instance, and therefore they shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. If so, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.