The amount of dividends for the voluntary auction of real estate shall be adequate;

Since there seems to be no circumstance to suspect the tenant as a false tenant after completing each move-in report, it is legitimate to distribute the dividend to the tenant of small amount.

Article 3 of the Housing Lease Protection Act

1. With respect to the Seoul Northern District Court 2006Mata 16512 real estate auction case, the dividend amount of 7,736,809 won for the plaintiff Kim ○○ out of the dividend table prepared by the above court on June 5, 2007 shall be KRW 90,000,000; KRW 63,257,004 for the plaintiff Park○; KRW 432,00,000 for the dividend amount of the defendant ○○ Agricultural Cooperative; KRW 292,61,122 for the defendant ○○ Agricultural Cooperative; KRW 8,757,140 for the defendant's dividend amount of KRW 2,57,823 for each of the above courts shall be corrected to KRW 575,823.

2. The remainder of the plaintiff Park ○-○'s claim against the defendants is dismissed.

3. The costs of lawsuit shall be borne by the Defendants.

Of the distribution schedule prepared by the above court on June 5, 2007, the amount of 7,736,809 won for the plaintiff Kim○, 90,000 won, 65,000 won, and 432,000,000 won for the defendant ○○○ Agricultural Cooperative as the amount of 292,61,122 won for the defendant ○○○ Agricultural Cooperative as the amount of 292,61,67,140 won, and the amount of 8,757,140 won for the defendant ○○○ Agricultural Cooperative as the amount of 700,00 won for the above ○○○○ Agricultural Cooperative as stated in the application form for change and claim against the plaintiff ○○○, which was stated on September 20, 2007, the amount of 70,000 won for the above ○○○ Agricultural Cooperative as stated in the above distribution list against the defendant ○○○ Agricultural Cooperative as stated below.

1. Basic facts

A. Current status of the instant building and conclusion of a lease agreement

(1) 홍○○은 2003년 11월 말 내지 같은 해 12월 초경 서울 ○○구 ○○동 ○○번지 지상○○○아파트(집합건축물대장에 의하면 2005. 11. 11.○○아파트로 명칭이 변경되었다) 102동(이하＇이 사건 건물｀이라 한다)을 신축하고, 3개의 호실로 구분된 이 사건 건물 7층에 임의로 701호부터 703호까지 호수를 부여하였다.

(2) On December 9, 2003, with the husband of Hong○○, who represented by Hong○○ on behalf of Hong○○ on behalf of December 9, 2003, the Plaintiff Kim○ entered into a lease agreement (a lease agreement includes the lease deposit of KRW 90,00,000, and the lease term of KRW 24 months from December 29, 2003) with respect to a sectioned building as indicated in the title of 701 building of this case, and thereafter, the lease agreement was concluded with the principal of Hong○○ on behalf of Hong○○, and the lease agreement was concluded for the period from December 29 to 24, 2003, and thereafter the lease deposit was fully paid to Hong○○, and thereafter the lease deposit was occupied and used after completing the move-in report as 701 on January 7, 200

(3) As to subparagraph 702 of the building of this case by the same method on December 2, 2003, the Plaintiff Park Jong-○ concluded a lease agreement with each of the terms from October 10, 2003 to December 12, 2006, with the lease deposit of KRW 65,000,000, monthly rent of KRW 200,000, and the lease term of KRW 200,000, and the lease deposit of the building of this case from December 10, 2003 to December 14, 2006, and thereafter paid the lease deposit to Song-○, and thereafter, he occupies and uses it after completing the move-in report with the building of this case as 702.

B. Registration and auction procedure of the building of this case

(1) Unlike the present state of the instant building on January 14, 2004, Hong○○ completed the registration of initial ownership of each of the instant building Nos. 701, 702, and 703 as 700 and 603 (i.e., the head office assigned by the registry No. 703 as 603). On January 15, 2004, Defendant ○○ Agricultural Cooperative (hereinafter “Defendant Cooperative”) obtained a loan from Defendant ○○○ Agricultural Cooperative (hereinafter “Defendant Cooperative”) on January 15, 2004, and completed the registration of initial ownership of each of the instant building No. 700 as to the instant building on the registry by receipt of No. 1645 on January 15, 2004.

(2) On June 19, 2006, the procedure of voluntary auction (hereinafter referred to as the "voluntary auction procedure of this case") was commenced on June 19, 2006 with respect to 700 building of this case (301 and 702 on the current status) and 603 (603 and 703 on the current status) separately established the right to collateral security (the current status) by the Defendant Union. The execution court established the amount of 509,048,207 won after deducting the execution cost from the sales price of the above units, and decided 509,07, 307, 307, 407, 407, 207, 307, 407, 407, 407, 407, 607, 407, 407, 700, 603, 603, 603, 400.

(3) Accordingly, the husband, ○○, who is the agent of the plaintiff Kim○ and the plaintiff Park Jong-○, stated each objection as to the total amount of 432,00,000 won (=240,000,000 won + 192,00,000 won) out of the total amount of 139,338,878 won and the ○○ Tax Office, ○○○○, and ○○○ Tax Office, and filed the instant lawsuit on June 11, 2007, within seven days thereafter.

C. Correction of plaintiffs' resident registration

As of February 20, 2006, Plaintiff Kim ○, who became aware that his resident registration on the 7th floor of the instant building does not coincide with his resident registration register, drafted a new lease agreement on 700 of the instant building between Hong○○’s agent, and made a move-in report as of February 22, 2006, and then filed a move-in report as of February 22, 2006. On December 2, 2003, Plaintiff Park Jong-○ also made a new lease agreement on 700 of the instant building with Hong○ as of December 2, 2003, and filed a report on the move-in contract to 700 of the instant building on July 20, 2006.

Facts that there is no dispute over recognition, Gap evidence 1 through 7, Eul evidence 1 through 3,6, Eul evidence, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Judgment

Article 3(1) of the Housing Lease Protection Act provides for the opposing power of the above ○○○○○○○ building as the requirement for the delivery of the house, and thus, it is deemed that the above 70th floor of the building was established as a public announcement method enabling a third party to clearly recognize the existence of the right of lease for the purpose of transaction. Thus, whether the validity of a public announcement of the lease is determined depending on the general social norms as to whether it can be recognized that the building was registered as the owner of the address or residence of the building under the lease by the common social norms (see Supreme Court Decision 2001Da63216, Dec. 27, 2001). As recognized in the above basic facts, the 7th floor of the building was 700 units and 603 units on the public registry, but it is difficult for the plaintiffs to recognize that the above 700th floor of the building was 700 units and 703 units on the 70th floor of the building under the above 70th floor of the Seoul District Court.

Therefore, the plaintiffs' resident registration of 701 and 702 of the building of this case is valid as the method of public announcement of 700 of the building of this case on the register. Thus, in the voluntary auction procedure of this case, the plaintiffs have the right to receive preferential payment of the plaintiff's 700 of the building of this case after the moving-in report of the plaintiffs, and the defendant's Republic of Korea (excluding the corresponding tax portion of this case as seen in the separate list calculation sheet) who filed a claim for delivery on the basis of the tax claim that became due on the legal date after the moving-in report of the plaintiffs, after the moving-in report of the plaintiffs, after the moving-in report of the plaintiffs, the right to claim the payment of 700 of the building of this case. The sale price of the building of this case for the 700 of the building of this case shall be distributed preferentially to the plaintiffs' right to lease deposit claims to the extent that the plaintiffs raise an objection. In calculating the amount of dividends in the voluntary auction procedure of this case, as shown in the separate calculation sheet, 90 million won.

3. Conclusion

Therefore, among the distribution schedule prepared by the above court on June 5, 2007, the amount of 7,736,809 won for the plaintiff Kim Jong-○ in relation to the auction of real estate in Seoul Northern District Court Decision 2006Ma16512 shall be 90,000 won, and 63,257,004 won for the amount of 432,661,122 won for the defendant ○○ Agricultural Cooperative, and the amount of 8,757,140 won for the defendant ○○○ Agricultural Cooperative in Korea shall be 2,57,823 won, respectively. Thus, among the distribution schedule prepared by the above court on June 5, 2007, it is reasonable to rectify the amount of 432,00,000 won for the defendant ○○ Agricultural Cooperative in Korea as 292,61,122 won, and the plaintiff ○○'s claim shall be accepted within the above recognized scope, and the remaining claims shall be dismissed as per Disposition.

Calculation List

1. The amount to be distributed; and

building 700 No. 4 of this case: 255,661,122 won

2. Distribution ranking:

1 Order 1: Tax claims (transfer tax) of the Defendant Republic of Korea (OOO) (OOP) that is the pertinent tax against 700,448,701 won

2 Order: 90,000,000 won for the refund of lease deposit by the Plaintiff Kim○○○

3 Order: 65,00,000 won for the refund of lease deposit by the Plaintiff Park Jong-○.

4 Order: 240,000,000 won on the secured debt of the right to collateral security of the Defendant Union;

5 Order: Tax claims 1,294,295 won 5) of ○○○ District

6 Order: Tax claims of Defendant Republic of Korea (○○ Tax Office) 6,181,317 won

3. The amount distributed to the Defendants under the distribution schedule (limited to the amount set forth in 700).

Republic of Korea: 6,630,018 won = 448,701 won + 6,181,317 won

Defendant Union: 240,000,000 won

4.The amount of dividends (limited to the amount set forth in paragraph 2) of the Defendants under the order set out in paragraph 2.

Republic of Korea: 48,702 won

Defendant Union: 100,661,122 [the purchase price under subparagraph 700] or 10,918,126 (the amount paid to the Defendant Union =25,61,122 - 1,294,295 - 448,701 - 90,000 won - 65,000,000 won - 240,000,000 won from the date of distribution of the instant voluntary auction procedure, and the Plaintiffs stated an objection only to KRW 139,338,878 out of the dividend amount of KRW 139,38,878 among the dividend amount of KRW 240,00,00 and KRW 139,338,878). As such, the dividend to the Defendant Union is paid to the Defendant Union - 100,6122 won (the dividend amount of KRW 200,000,38383).

5. The amount of dividends distributed by the plaintiffs according to the order of Paragraph (2).

○○ Kim: 90,000,000 won

Plaintiff Park Jong-young: 63,257,004 won = [145,520,194 won [(6,630,018 won + 240,000,000 won + 4448,702 won + 100,661,122)] [Additional dividends of Plaintiff Kim Young-young [90,000,000 won - 7,736,809 won]] - Additional dividends of Plaintiff Kim Young-young 82,263,190 won [2,263,00 won]

6. Final dividends (including 603);

Kim ○: 90,000,000 won

Park ○: 63,257,004 won

Defendant Republic of Korea: 2,575,823 won (amounting to 448,701 won for a dividend of 700 + aggregate of 2,127,122 won for a dividend of 603)

Defendant Union: 292,61,122 won = the dividend amount of 100,661,122 won = the dividend amount of 603 + the dividend amount of 192,00,000,000 won.

* Note *

1) This date is the statutory date

* Note *

2) This is the total amount of KRW 6,181,317 of the comprehensive real estate holding tax on 700 of the instant building, which was February 28, 2006, and KRW 798,103 of the comprehensive real estate holding tax on 603 of the instant building.

* Note *

3) In the auction procedure of this case, dividends were made by adding up the proceeds from the sale as to the 700 and 603 units of the building of this case. Thus, in order to calculate the amount of dividends among the original defendants, the dividends as to the 700 units of the building of this case and the 700 units of the building of this case should be divided. According to the gases of the evidence No. 7-20 units of this case, the actual amount of dividends calculated by deducting the total auction expenses from the proceeds from sale as to the 700 units of this case and 603 units of the building of this case is stated by each unit (as 603 units 253,387,085 units of this case, 700 units of this case, 25, 61, 122) is to be calculated based on this.

* Note *

4) The features are characterized only by the number of houses below.

* Note *

5) The Plaintiffs filed an objection to the dividends with respect to Seocho-gu, and filed the instant lawsuit with Seocho-gu on June 11, 2007, which is not more than seven days thereafter, as the Defendant, but withdrawn the lawsuit against Seocho-gu on August 23, 2007 at the first date for pleading.