beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 21, 2015, upon the application of Defendant Gyeong-nam Credit Union, the mortgagee-mortgaged real estate auction procedure (hereinafter “instant auction”) was commenced on the land and its ground (hereinafter “instant building”) owned by Changwon-si, Changwon-si, Changwon-si, Inc., Ltd. (hereinafter “Non-Party Company”). On July 28, 2016, the distribution schedule was formulated with the content of distributing KRW 977,370,103 to Defendant Gyeong-nam Credit Union, the mortgagee of the said auction case, in the order of July 28, 2016, the distribution schedule was completed, including distributing KRW 231,307,290 to Defendant Jong-nam Credit Union, the mortgagee of the said auction case.
B. The Plaintiff appeared on the aforementioned date of distribution, and stated “the cargo elevator installed in the instant building is owned by himself/herself,” thereby raising an objection to the distribution, and thereafter filed a lawsuit of demurrer against distribution on August 4, 2016.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff alleged by the plaintiff is the lien holder or general creditor of the above building who has a monetary claim of KRW 419 million in total ( KRW 38 million in total) to the non-party company by lending KRW 381 million to the non-party company for the construction cost of expanding the building of this case. As such, the plaintiff's claim is that the non-party company has a monetary claim of KRW 400 million in total ( KRW 38 million in total). As such, with regard to KRW 1,271,572,169, the remaining 1,208,677,393, excluding the amount distributed to senior dividends in the auction procedure of this case, the amount of KRW 725,609,52, and KRW 201558,58,209,000 in the non-party company was distributed to the non-party company, the distribution schedule of this case should be corrected to the non-party company.