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1. It was prepared on July 27, 2016 by the said court with respect to voluntary auction cases of B real estate in the Chungcheong District Court.
Reasons
1. Basic facts
A. On June 20, 1989, the Defendant entered into a contract to establish a right to lease on a deposit basis with C on the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by C (hereinafter “instant real estate”), by June 20, 1990. On July 1, 1989, the Defendant registered the establishment of a right to lease on a deposit basis with C on a deposit basis.
B. On February 14, 2012, the Plaintiff created the right to collateral security of KRW 55,000,000 with respect to the instant real estate.
C. On August 27, 2015, the Plaintiff filed an application for the auction of real estate rent as Chungcheong District Court B with respect to the instant real estate, etc., and the auction procedure was conducted on August 27, 2015. On July 27, 2016, the said court prepared a distribution schedule with the purport that the Plaintiff distributes KRW 8,497,77 in the order of priority to the Plaintiff, and KRW 10,000,000 to the Defendant in the order of priority (hereinafter “instant distribution schedule”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings
2. Comprehensively taking account of the following facts: (a) No. 2, the statement of evidence No. 2, and the testimony and the purport of the entire pleadings by the witness C, C already returned KRW 10,000,000 to the Defendant after the Defendant’s term of chonsegwon expires; (b) however, it appears that the registration of the establishment of chonsegwon has not been cancelled until now.
Therefore, the defendant's right to lease on a deposit basis has already been extinguished, and it is unreasonable to distribute to the defendant again KRW 10,000 in the above auction procedure.
Ultimately, 8,497,777 won in the dividend table of this case against the plaintiff shall be 18,497,777 won, and 10,000,000 won in the dividend amount against the defendant shall be 0 won, respectively.
3. The plaintiff's claim is justified. Thus, the plaintiff's claim is accepted.