1. The distribution schedule prepared by the same court in the distribution procedure for D real estate rental auction cases in Daegu District Court and racing support D.

Facts of recognition

On January 12, 2017, the Plaintiff completed the registration of the establishment of a neighboring mortgage at KRW 108,456,000, with respect to the real estate (hereinafter “the loan of this case”) indicated in the separate sheet, owned by E Co., Ltd. (hereinafter “E”), as the representative director, the debtor F, who is the E representative director.

On December 18, 2017, the Plaintiff filed an application for the auction on the instant loan of D Real Estate (hereinafter “instant auction”) with this court, and submitted a claim statement of KRW 102,97,180 on November 6, 2018.

On the other hand, on February 1, 2018, the Defendant also demanded the distribution of the deposit amount of KRW 40 million in the instant auction procedure.

On November 28, 2018, this Court drafted a distribution schedule stating that the Defendant shall distribute KRW 17,000,000 to the Defendant as the first-class lessee of small amount, and KRW 49,327,019 to the Plaintiff as the third-class mortgagee (hereinafter “instant distribution schedule”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings is the most lessee of the loan of this case, and the defendant has no right to be preferentially reimbursed in the auction procedure of this case.

Therefore, the amount of 17,00,000 won against the defendant should be deleted from among the dividend table of this case that the defendant was recognized as the first-class lessee, and the amount of 49,327,019 won against the plaintiff should be corrected as KRW 66,327,019 (= KRW 49,327,019 KRW 17,00,000).

Judgment

The lease of related Acts and subordinate statutes shall take effect when the lessee has completed the delivery and resident registration of the house, against the third person from the following day.

In such cases, it shall be deemed that the resident registration has been made at the time of the moving-in report (Article 3(1) of the Housing Lease Protection Act). The lessee has the right to receive a specified amount of the deposit in preference to

In such cases, the lessee shall meet the requirements of Article 3 (1) prior to the registration of a request for auction of the house.

(Article 8 (1) of the Housing Lease Protection Act).