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1. Of the distribution schedule prepared on August 1, 2014 by the said court with respect to the Jeju District Court C’s auction of real estate.
Reasons
1. Basic facts
A. On February 11, 2010, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on the land D (hereinafter “instant land”) owned by the Plaintiff on February 11, 2010, based on the pre-sale agreement as of February 11, 2010.
B. On February 9, 2010, Gosan Agricultural Cooperative filed an application for the auction of the instant real estate with the Jeju District Court C on August 1, 2013, as the senior mortgagee who completed the registration of the establishment of a neighboring mortgage of KRW 36 million with respect to the instant land.
C. On August 1, 2014, the said auction court prepared a distribution schedule that distributes KRW 158,684,166 to be actually distributed on the date of distribution open on August 1, 2014 (hereinafter “instant distribution schedule”).
The first Jeju Special Self-Governing Province 261,380 won, 261,380 won, 261,380 won, 100 won, 2,137,860 won, 100 won, 36,00 won, 36,000 won, 36,000 won, 120,000 won, 40,000 won, 120,000 won, 120,000 won, 36,000 won, 36,000 won, 36,000 won, 36,000 won, 120,00 won, 120,000 won, 10,000 won, 51,640,640, 193, 193, 196, 196, 196, 108 Jeju Special Self-Governing Province.
D. On the date of distribution, the Plaintiff raised an objection to the entire amount distributed to the Defendant on the said date, and thereafter filed a lawsuit of demurrer against distribution on August 8, 2014, which was within one week thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Defendant’s assertion by the parties is that E (a) in a de facto marital relationship with the Defendant and the Defendant and the Plaintiff, which was in a de facto marital relationship with the Plaintiff, was jointly purchased at Jeju-si G, H, I, and J land (hereinafter “instant land”) for KRW 390 million, and 2/3 of the said land will be owned by the Defendant, and the remainder of 1/3 shall be owned by E.