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1. On July 24, 2014, the distribution schedule prepared by the said court in the Suwon District Court, Sungnam District Court C in the case of a voluntary auction of real estate.
Reasons
1. Basic facts
A. At the request of the Plaintiff, who is the right to collateral security, the registration procedure for the auction of real estate was initiated with the Suwon District Court, Sungnam-gu, Sungnam-gu, 104 Dong 801 (hereinafter “the apartment of this case”) with respect to the apartment of this case.
B. In the above auction procedure, on July 24, 2014, the court of execution prepared a distribution schedule with the content of distributing KRW 22 million to the Defendants, who are the lessee of small amount of money, and 352,351,567 in the order of priority to the Plaintiff, respectively (hereinafter “instant distribution schedule”).
C. The Plaintiff appeared on the date of distribution, and raised an objection against each of the dividend amounts to the Defendants, and thereafter filed the instant lawsuit on July 30, 2014, within one week thereafter.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff asserts that the execution court's distribution to the defendants is unfair because the defendants are the most lessee. Accordingly, the defendant Eul concluded a lease agreement with the owner of the apartment of this case and paid the deposit money, and completed the move-in report and actually resided therein.
B. According to each statement of evidence No. 2-1 (No. 3-1; hereinafter the same shall apply) and evidence No. 1-1 as to whether Defendant A is the most lessee, each of the following facts are acknowledged: (a) from Defendant A, the owner of the instant apartment; (b) the deposit amount of KRW 23 million as of December 25, 201; and (c) the period from December 28, 201 to December 27, 2012; and (d) the deposit of KRW 24 million as of December 26, 2012, and the period from December 27, 2012 to December 26, 2014, each lease agreement was formulated with each of the contents that Defendant A leases the apartment as of December 26, 2012.
However, in addition to each of the above evidence and evidence Nos. 2, 2, 4, and 5-2, 2, 4, and 5-2, the following circumstances are recognized.
① Defendant A is a kin of D, and each of the above lease agreements is a broker.