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1. It was prepared on July 17, 2014 by the said court with respect to the case of the voluntary auction of real estate B in Sung-nam District Court, Sungnam District Court.
Reasons
1. Basic facts
A. On October 17, 2011, the Plaintiff: (a) set up a mortgage on D apartment Nos. 117 and 1501 (hereinafter “instant real estate”), which was owned by C; (b) the obligor C and the maximum debt amount of KRW 429 million.
B. Upon the Plaintiff’s request, on October 24, 2013, the auction procedure for real estate was commenced as to the instant real estate. At the above auction procedure, this court prepared a distribution schedule stating that KRW 336,25,597, which is the amount to be actually distributed as of July 17, 2014, shall be KRW 538,00, KRW 22,000, KRW 313,717,597, to the Defendant, who is the lessee of the second small amount, who is the holder of the first priority, the holder of the second priority, and KRW 313,717,597 (hereinafter “instant distribution schedule”).
C. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection to the whole amount of the Defendant’s dividends, and filed the instant lawsuit on July 23, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 10, the purport of the whole pleadings
2. The assertion and judgment
A. On the other hand, on August 6, 2013, the Plaintiff asserted that the Defendant is the most lessee, while the Defendant asserted that the instant real estate was the genuine lessee, it was determined at KRW 25 million as the lease deposit without monthly rent (payment of KRW 200 million on the contractual date, and payment of KRW 23 million on August 9, 2013).
B. The following circumstances are revealed in light of the overall purport of the pleadings as a result of the fact-finding conducted with respect to: (i) the Defendant received KRW 23 million from E on August 9, 2013, and immediately thereafter paid KRW 23 million to C, and immediately thereafter, C deposited KRW 25 million in cash, and immediately thereafter deposited KRW 23 million in the E account; and (ii) the deposit was deposited in cash at KRW 23 million on August 9, 2013; and (iii) the deposit was deposited in the E account immediately following the fact that: