Text
1. In the case of application for compulsory auction of real estate at Seoul Northern District Court D, E, F (Joint), the above court on March 18, 2016
Reasons
1. Basic facts
A. On August 6, 2007, H, I, J, K, L, M, and N acquired ownership of each 1/7 share of the first floor of the building located in the Seoul Northern-gu Seoul Northern-gu, Seoul, No. 101 (hereinafter “101”); the third floor No. 301 (hereinafter “301”); and the fourth floor No. 401 (hereinafter “401”; collectively, “auction real estate”).
After that, H completed the transfer registration of shares on January 19, 2009 with respect to one-seven shares of I, J, K and M.
B. On April 24, 2013, the Plaintiff received a judgment from the Seoul Central District Court (2012dan5155) that “H shall pay damages for delay to KRW 112,547,84 won jointly and severally with P Co., Ltd. and Q, and KRW 104,979,076 out of them.” The judgment became final and conclusive on May 11, 2013.
C. The plaintiff is the Seoul Northern District Court D, E (combined), and F (Consolidated) real estate auction application case (hereinafter "the auction case of this case").
From March 3, 2014 to the above judgment, Defendant A made a demand for distribution on April 3, 2014. Defendant A concluded a lease agreement with R (acquisition of equity interest in the above L), which held 1/7 equity interest in the above 101 on April 3, 2014, (the lease deposit amount of KRW 40 million on June 10, 2012, the lease deposit amount of KRW 350,000 on the rent, the moving-in report on July 9, 2012), and Defendant B made an application for the said move-in report with H (the lease deposit of KRW 5/7 equity interest date, KRW 100,000 on January 30, 200, KRW 100,000 on the lease deposit of KRW 100,000 on April 10, 201, KRW 105,000 on April 17, 2014).
However, Defendant B married with H on May 30, 2009, and Defendant C is the birth parents of H.
On March 18, 2016, the auction court considers all the Defendants as the lessee of the auction real estate and considers the amount of KRW 20,00,000,00, out of the distributable amount of KRW 176,612,517, as the Defendant A, the amount of KRW 8,749,413 to the Defendant B, and the amount of KRW 11,462,435.