beta
Text
1. Of the judgment of the court of first instance, the part claiming the correction of the amount of dividends against the plaintiff is modified as follows.
Reasons
1. The first instance court accepted the claim for correction of dividend against the Defendant and the claim for restitution of unjust enrichment against the Defendant, and dismissed the part regarding the claim for correction of dividend against the Plaintiff.
Since only the plaintiff appealed, the part of the claim for correction against the defendant and the part of the claim for restitution of unjust enrichment are excluded from the scope of the judgment of this court.
2. Facts of recognition;
A. On August 25, 2015, the High Military Court rendered a judgment that “A shall pay to the Plaintiff KRW 12,000,000 and damages for delay thereof,” which became final and conclusive on September 22, 2015.
B. On December 19, 2014, A entered into a lease agreement with the Defendant, who was aware of it on December 19, 2014, set the lease deposit amounting to KRW 30 million, monthly rent of KRW 700,000,000, monthly rent of KRW 1703 (hereinafter “instant real estate”) from January 23, 2015 to January 22, 2017.
C. On March 2, 2015, the Industrial Bank of Korea received a voluntary decision to commence the auction on the instant real estate from Seoul Northern District Court D on March 2, 2015, and completed the registration of the voluntary decision to commence the auction on the same day. (2) On April 27, 2015, the High Military Bank of Korea received a decision to conduct a provisional seizure on April 27, 2015, under the Seoul Northern District Court subsidies 2015Kadan1050 for the instant real estate, and completed the provisional seizure registration on the same day. At that time, the Industrial Bank of Korea demanded the execution court of the said voluntary auction procedure to demand a distribution, and submitted a claim statement of KRW 13,872,328 to the execution court on December 2015.
3 In the above voluntary auction procedure with respect to the instant real estate, a court of execution prepared a distribution schedule with the content that distributes the amount of KRW 300,953,438, excluding the execution expenses, on the date of open distribution on December 30, 2015, as follows:
The order of dividend.