beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 10, 2015, the Plaintiff prepared a lease deposit set forth on August 10, 2017 with respect to the lease deposit amount of KRW 25,00,000, and the lease period of KRW 25,000 with respect to the land-to-land D Building (hereinafter “instant housing”) from Ansan-si, Ansan-si, and obtained a fixed date from the Edong Community Service Center on August 21, 2015.
B. Thereafter, on December 21, 2016, Defendant New Card Co., Ltd applied for a compulsory auction on the instant housing, and the auction was commenced as Suwon District Court’s Ansan Branch B. In the above auction procedure (hereinafter “instant auction procedure”), the Plaintiff submitted an application for a report on the right and a request for distribution as to KRW 25,000,000 on February 2, 2017.
C. On December 13, 2017, the date of distribution, the auction court prepared a distribution schedule with the content that distributes to the creditors the amount of KRW 38,483,368, which was actually distributed by deducting the execution cost from the proceeds of sale and interest, as follows.
The distribution ranking creditor (cost) dividend amount of 16,526,990 (cost) 16,526,990, 16,526,990, 1939,90,90, 12,388,736, Defendant Gyeonggi Credit Guarantee Foundation 12,388,736, Defendant Gyeonggi Credit Guarantee Foundation 12,389,900 (U.S. District Court 16Da318972), 9,364,169, Defendant New Card Co., Ltd. 11,864,989 (Yan District Court 16Da515,515, 168,2893, Defendant New Bank 2,531,645 (Seoul District Court 17Da327455), 168, 2084, 383,684, 386, etc.
D. The Plaintiff appeared on the date of distribution, and raised the instant lawsuit on December 19, 2017, which was within one week thereafter, against the entire amount distributed to the Defendants.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. On December 12, 2005, the Plaintiff resided after moving to the instant real estate on and after December 12, 2005, and around August 10, 2013, KRW 23,000,000.