배당이의
1. On December 18, 2013, the Daegu District Court rendered Seo-gu Branch A and B (Consolidated) auction cases of real estate rent.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 8 and Eul evidence Nos. 1 to 11 (including all numbers).
On November 6, 2006, the Korea National Housing Corporation (hereinafter “Defendant” was merged with the Korea Land Corporation and became the Defendant on October 1, 2009) concluded a lease agreement with C as to subparagraph 305 of the instant building between the former owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and C on November 6, 2006, which was the former owner of each of the instant real estate. The lease agreement was concluded between November 17, 2006 and November 16, 2008, between the former owner of each of the instant real estate and the former owner of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On November 23, 2006, the lease agreement was concluded between the person having chonsegwon and the settlor of each of the instant real estate as to each of the instant real estate.
B. On November 6, 2006, the Defendant entered into a real estate lease contract with D as to the above 305 term of lease on a deposit basis as well as the lease on a deposit basis as the lease on a deposit basis. D from that time occupied and used the above 305 term, and made a move-in report on January 8, 2007.
C. On December 11, 2009, each of the instant real estates was conducted by F, a creditor of E, who was the owner of the instant real estate, through an application of F for a compulsory auction by official auction (hereinafter “first auction procedure”). The Defendant, in the first auction procedure, demanded a distribution of the right to lease on a deposit basis as set forth in the foregoing 305.
Each real estate of this case was awarded to the Plaintiff Lys Capital Co., Ltd. on February 10, 201 in the above auction procedure, and each registration of ownership transfer was completed under the above Plaintiff’s name on March 7, 2011. The Plaintiff Financial Resources Co., Ltd purchased the instant building from Plaintiff Lys Capital Co., Ltd on March 22, 201 and completed the registration of ownership transfer on March 23, 201.
E. Meanwhile, with the application for voluntary auction by H, which is the right to collateral security of the instant real estate, the procedure of the second auction below the auction procedure under the jurisdiction of Seogu District Court A, B (Joint).