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1. The remaining amount after deducting the expenses for the auction from the proceeds of sale after selling the buildings listed in the attached list;
Reasons
1. Basic facts
A. Defendant C and D shared 1/2 shares of each of the buildings listed in the separate sheet (hereinafter “instant building”) but among them, D’s co-ownership (1/2) began on September 24, 2013, and the Plaintiff sold to the Plaintiff on November 14, 2014, and acquired its share ownership.
B. According to the detailed statement of transfer household inspection submitted during the above compulsory auction procedure, there was no householder who transferred the building of this case.
C. Defendant B entered into a lease agreement with Defendant C and D by setting the lease deposit of KRW 30 million, monthly rent of KRW 700,000,000 for the instant building, and paid all the lease deposit, and continued to be used for residential purposes upon transfer of possession.
[Ground of recognition] Evidence Nos. 1 through 4, Eul Nos. 1, 3, 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Defendant B did not have any legitimate move-in report as a method of public notice recognizing opposing power under the Housing Lease Protection Act with respect to the instant building, and thus, the Plaintiff cannot assert opposing power under the Housing Lease Protection Act against the Plaintiff. Therefore, Defendant B’s possession is illegal possession against the Plaintiff. As such, Defendant B and the Plaintiff jointly own 1/2 shares of each of the Defendant C and the Plaintiff jointly owned with the Plaintiff, with the share of KRW 70,000 won per month for the delivery of the instant building and the monthly rent of KRW 700,000,000,000. The instant building is difficult to divide in kind as one household of the instant apartment house, and thus, they sought a partition of co-owned property in the way of dividing the proceeds from sale according to their share ratio.
B. Determination 1 as to Defendant B, along with the delivery of a house in accordance with Article 3(1) of the Housing Lease Protection Act, shall be deemed to have been prepared as a public announcement method that enables a third party to clearly recognize the existence of a lease for the safety of transaction, and thus, the public announcement of a lease as a resident registration is effective.