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The Seoul Southern District Court C's arbitrary auction cases of real estate is the dividend table prepared by the above court on May 14, 2020.
Reasons
1. Basic facts
A. In order to secure the existing claim against D, the Plaintiff set up a collateral security right of KRW 30 million with the maximum amount of each claim under the Yeongdeungpo-gu Seoul Metropolitan Government E-1 F Building G, and H, which was owned by D on September 19, 2018.
B. On January 15, 2019, with respect to the above F Building G Nos. (1) and H Nos. (2), a voluntary auction procedure for real estate was initiated with Seoul Southern District Court C, I, and J on January 15, 2019.
The creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor (goods 1, 29,030,000 won and 32,000,000 won L Co., Ltd. (goods 2) 78,129,980 won and 67,120,278 won and 3,5305 won and 11,403,867 won and 23,125 won and 25 won and 11,403,867 won and 23,125 won and 11,405 won and 11,403,867 won and 23,125 won and 23,125 won and 23,125 won and 3,125 won and 3,100 won and 2,000 won.
C. The Defendant, at the above auction procedure, filed a report on the right and demand for distribution by asserting that he/she is a small lessee under the F Building H (Goods 2) in the above auction procedure. On May 14, 2020, the auction court prepared a dividend list (hereinafter “the dividend list of this case”).
(d)
The Plaintiff appeared on the dividend date, and stated an objection to the dividend amount to the Defendant, and filed the instant lawsuit on May 21, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 7, and 9, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion is merely a gratuitous use of F building H (hereinafter “the instant house”) above F building H (hereinafter “the instant house”) owned by the Defendant’s Gomo D without a deposit. Therefore, as the Defendant is the most lessee, the Defendant is deemed to have distributed KRW 18,596,13 out of the dividend amount distributed to the Defendant in the first order of priority among the instant dividend table.
B. Determination Gap evidence Nos. 2 and 4, Eul evidence Nos. 4, 5, 6, and 7, and Eul evidence Nos. 8-1 and 2.