손해배상(기) 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. 1) On October 17, 2014, the Defendant: (a) the land and buildings listed in the separate sheet jointly owned by B and C (hereinafter “instant land and buildings”) on October 17, 2014.
2) On October 24, 2014, the Cheongju District Court filed an application for an auction to exercise the right of collateral security as a mortgagee. Accordingly, on October 20, 2014, the Cheongju District Court voluntarily decided to commence auction and registered the entry. 2) In addition, the Nong Bank Co., Ltd. (hereinafter “Nong Bank”) filed an application for an auction to exercise the right of collateral security as a mortgagee with respect to the instant land and building on October 22, 2014. Accordingly, on October 24, 2014, the Cheongju District Court filed an application for an auction to exercise the right of collateral security on the instant land and building,
(3) On the instant land, each of the above auction cases (hereinafter collectively referred to as “instant auction procedure”). On the instant land, the so-called “building outside the city” of the instant auction procedure, the structure of the steel framedgllll roof, and parking facilities with a size of 64 square meters (hereinafter referred to as “instant parking facilities”).
(4) The executing court assessed the value of the buildings other than the instant parking facilities and conducted the auction procedure by including the buildings other than the presentation in the subject matter of the instant auction, as well as by including the buildings other than the presentation in the instant auction.
B. Meanwhile, on October 24, 2013, the Plaintiff filed an application for demand for distribution with respect to the instant land and building on October 24, 2013 by filing a registration of the entire co-owners’ right to demand the transfer of shares of all co-owners, with the grounds for registration as a pre-sale agreement. On December 3, 2014, the Plaintiff filed an application for demand for distribution in an amount equivalent to KRW
C. On June 25, 2015, the Plaintiff paid the deposit amount of KRW 136,759,90 on June 25, 2015 at the sale date of the auction procedure of this case, and the bid price is the same.