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1. Of the instant lawsuit, KRW 12,134,298 out of the dividend amount against Defendant B and C, and KRW 12,134 out of the dividend amount against Defendant D.
Reasons
1. Facts of recognition;
A. On May 2, 2013, in Seocho-gu Seoul Metropolitan Government G Apartment 102 Dong 401 (hereinafter “instant apartment”) and on May 2, 2013, F completed the registration of ownership transfer with respect to the same apartment units 102 Dong 305, 102 Dong 501, and 102 Dong 602, respectively. On May 16, 2013, F completed the registration of ownership transfer with respect to each of the foregoing apartment units with the National Bank as a mortgagee, and completed the registration of establishment of each of the above apartment units as a joint collateral on September 5, 2014.
B. On April 20, 2013, the Plaintiff entered into a lease contract with F to the period from June 8, 2013 to June 7, 2015 with respect to the instant apartment, setting a deposit of 1.6 million won, and the lease contract from June 8, 2013 to June 7, 2015. After paying the lease deposit, the Plaintiff completed the move-in report on June 12, 2013 and received the fixed date.
C. On November 5, 2014, upon the application of the National Bank of Korea, the procedure for the auction of real estate for each of the above apartment units including the instant apartment units was initiated as Seoul Central District Court E (hereinafter “instant auction procedure”), and the Plaintiff submitted a report on the right to lease deposit amount of KRW 160,000,000,000 to the Plaintiff.
On May 32, 2016, the above court prepared a distribution schedule with the content that the Plaintiff distributes KRW 102,085,796 to the Defendants, and each of KRW 31,439,03 to the Defendants.
E. The Plaintiff appeared on the date of distribution, and raised an objection against the total of KRW 20 million among the dividend to the Defendants, and filed the instant lawsuit on May 4, 2016.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 5, and 6, and the purport of the whole pleadings.
2. The lawsuit of demurrer against distribution as to the part not raising an objection against distribution among the instant lawsuit, and the part demanding correction in excess of the amount of claims of the Plaintiff, may be brought within the scope of objection by attending the date of distribution on the date of distribution and raising an objection.