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Reasons
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(영문) 대구지방법원 2014.05.30 2013구합10825
공매대금배분처분취소
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1. On May 14, 2013, the Defendant’s disposition to allocate the public auction proceeds of KRW 158,121,170 against the Intervenor joining the Defendant, respectively.

Reasons

1. Details of the disposition;

A. C and D (hereinafter “C, etc.”) completed the registration of the establishment of chonsegwon on March 29, 1995 between the E and F (hereinafter “E, etc.”) on the real estate listed in the separate sheet owned by them (hereinafter “E, etc.”) with respect to the real estate (hereinafter “instant real estate”), the entire period of the lease on a deposit basis, the entire period of the lease on a deposit basis, the scope of leisure and bathing building, and the entire duration of the lease on a deposit basis, which is between February 21, 1995 and February 20, 1997.

B. On July 25, 201, the head of the Daegu Metropolitan City Month requested the Defendant to vicariously sell the instant real estate on the ground that D was delinquent in local taxes, and the Defendant issued a public auction notice on December 28, 201, following the public auction procedure.

C. On February 21, 2013, E, etc. entered the supplementary registration of the right of lease on the ground of transfer on the 20th day of the same month to the Intervenor A and B (hereinafter “ Intervenor A, etc.”).

On the other hand, the Plaintiff asserted that C had a total of KRW 465,295,889 claim against C, and requested the Defendant to distribute it.

On April 8, 2013, the Defendant sold the instant real estate to C&C Auction Co., Ltd. in KRW 795,160,000, and distributed KRW 795,648,400 [the amount to be distributed on May 14, 2013] as follows:

(2) The court below held that the intervenor Gap et al.'s distribution to the intervenor Gap et al. shall be 24,606,620,620, 199,313,420, 185,35,640, 6403 of the Seocho-gu Office 199, 313, 420, 185, 6403, 520, 520, 200, 158, 121, 170, 200, 200, 158, 121, 170, 170, 200, 158, 170, 170, 795, 648, 400, 170, 200, 200, 195, 3, 7, and 3,000, 3,000 each of the arguments.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) E, etc., after the expiry of the lease period on February 20, 1997, shall be the instant real estate to C, etc.

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