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1. Revocation of the first instance judgment.
2. As to the case of application for compulsory auction of real estate C with the Daegu District Court Seo-gu District Court.
Reasons
1. Basic facts
A. On September 29, 2014 between the Plaintiff and D, a notary public of Law Firm Daegu, No. 535, 2014, and as to the Plaintiff’s KRW 110 million loaned to D on May 1, 2014, D decided to pay to the Plaintiff KRW 95 million on October 6, 2014, and KRW 15 million on December 30, 2014, respectively. In the event of failure to perform the obligation, D’s notarial deeds under a monetary loan agreement with the effect that there is no objection even if they were immediately subject to compulsory execution.
B. D failed to perform the obligation under the above notarial deed, and the Plaintiff filed an application for a compulsory auction (hereinafter “instant compulsory auction”) with respect to 1/2 shares owned by D among the 1/2 shares in Daegu-gu E apartment 104 Dong 2402 (hereinafter “instant apartment”) and rendered a decision to commence compulsory auction with the Seogu District Court Branch C on October 13, 2014.
C. Meanwhile, on November 5, 2014, the Defendant, as the father of D, obtained a decision of provisional seizure of the claim amounting to KRW 100 million as to the portion of D’s share among the instant apartment buildings, and completed the registration of the entry. On November 6, 2014, the Defendant filed a report of right and demand for distribution regarding KRW 100 million as to the claim amount during the compulsory auction procedure of this case, and thereafter, on January 21, 2015 between the Defendant and D, a notary public on January 21, 2015 (hereinafter “Defendant’s No. 37, 2015”) prepared a notarial deed on June 18, 2014, that the Defendant lent KRW 120 million to D as the maturity date on January 27, 2015.
Distribution ratio 1: 102,425,423 won 100% 2 Plaintiff-Appellants (notarial deeds) 46,426,516 won 37.72% of the dividends distribution ratio 1:37,724,968 won 37.72% of the Defendant-Appellants (Notarial deeds) 37,724,968 won
D. The apartment of this case was sold to D’s competent court during the compulsory auction procedure of this case. On June 8, 2015, a court of execution prepared a distribution schedule with respect to KRW 186,576,907, which was to be actually distributed on the date of distribution of the said compulsory auction procedure conducted on June 8, 2015, as follows:
E. The plaintiff is on the date of the above distribution.