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1. Revocation of a judgment of the first instance;
2. Regarding the auction case of real estate C by the Seoul Western District Court, the above court is about the auction case of real estate.
Reasons
1. Facts of recognition;
A. On March 12, 2013, E loaned money from the Plaintiff, with respect to the real estate indicated in the separate sheet (hereinafter “instant apartment”) owned by the Plaintiff as the mortgagee, set up a mortgage with the Plaintiff as the maximum debt amount of KRW 319,80,00,000, the maximum debt amount of the mortgage and the maximum debt amount of KRW 106,60,000, and the right to collateral security with the obligor E, respectively.
B. The apartment of this case consists of four partitionss. As of February 13, 2013, Defendant A entered into a lease agreement with E by setting the deposit amount of KRW 25,000,000 for one column for the right room among the apartment of this case, and the lease period from March 5, 2013 to March 5, 2015, and paid KRW 3,000,000 for the same day the down payment of KRW 3,00,000 for the same day, and the remainder of KRW 22,00,000 for March 5, 2013. On April 1, 2013, Defendant A received the fixed date of the lease agreement and made a move-in report on the apartment of this case.
C. As of March 6, 2013, Defendant B entered into a lease contract with respect to 1 column on the left side of the present apartment among the instant apartment units as of March 6, 2013, with a deposit amount of KRW 25,00,000, and the lease contract period of KRW 2,500,000 from March 26, 2013 to March 25, 2015, and paid KRW 22,50,000 each to E as of March 27, 2013, and after obtaining a fixed date on March 8, 2013, Defendant B filed a move-in report with the instant apartment unit on October 25, 2013.
E. On June 17, 2014, upon the Plaintiff’s application for voluntary auction, the procedure of the instant apartment was initiated with the Seoul Western District Court C to the Seoul Western District Court C.
Defendant A, on July 3, 2014, asserted that it was a lessee who paid KRW 25,00,000 as to (1) room 2 partitions among the apartment of this case, and Defendant B, on the same day, paid KRW 25,000,000 to the left-hand part of the apartment of this case, filed a report on each right and demand for distribution.
F. The said court held that the Defendants, the lessee of small amount of KRW 283,036,682, which was the amount to be actually distributed on the date of distribution implemented on February 24, 2015, are the Defendants.