beta
Text
1. The plaintiff's appeal and the claims added by this court are dismissed, respectively.
2. Appeal costs and claims by this court.
Reasons
1. Basic facts
A. On August 2, 2013, the Plaintiff entered into a sales contract with the content that he/she purchases the Nam-gu E Apartmentdong G (hereinafter “instant apartment”) for KRW 425,00,000 in the name of Defendant C (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of Defendant C with respect to the instant apartment on August 23, 2013.
B. Of the sales price of the instant apartment, KRW 50,000,000 for down payment and intermediate payment of KRW 425,000,000, the Plaintiff prepared and paid the remainder, and on August 23, 2013, the Plaintiff set up a collateral security of KRW 362,40,000 for the maximum debt amount regarding the instant apartment and paid KRW 50,000 for a loan granted by the L Union under the name of Defendant C, on the same day.
C. U,V, and K, the mortgagee of the instant apartment, filed an auction procedure to exercise the security right, and the Gwangju District Court rendered a decision to voluntarily commence the auction procedure on July 27, 2017 regarding the instant apartment (hereinafter “instant auction procedure”), and the instant apartment was sold to W during the instant voluntary auction procedure, and the ownership transfer registration in the name of W was completed on June 7, 2018.
In the instant voluntary auction procedure, on July 20, 2018, a court of execution prepared a distribution schedule containing the content of distributing KRW 206,706,806,80, out of the sales price of the instant apartment (952,080,468 won to be actually distributed) of KRW 950,00,00,00 (the amount to be actually distributed) to Defendant B, the entire creditor of Defendant C, who owns the surplus of KRW 178,763,370, respectively, to Defendant C (hereinafter “instant distribution schedule”).
E. On July 20, 2018, the date of distribution, the Plaintiff raised an objection against the total amount of dividends to the Defendants. On July 25, 2018, the Plaintiff filed the instant lawsuit of demurrer against distribution.
[Reasons for Recognition] contain facts without dispute, Gap evidence Nos. 1, 3, 5, 8, 19, Eul evidence Nos. 3 and 5, below.