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1. Defendant among the distribution schedule prepared by the above court on May 20, 2020 with respect to the voluntary auction of D's real estate of Incheon District Court D's District Court.
Reasons
1. Facts of recognition;
A. On October 3, 2018, the Plaintiff entered into a lease agreement with F to lease the lease deposit amount of KRW 24,000,000, and the period from October 12, 2018 to October 11, 2020 (hereinafter “instant lease agreement”) with respect to the Nam-gu Incheon Metropolitan City G and H (hereinafter “instant building”) for the purpose of providing the Plaintiff, an instructor of his/her private teaching institute (hereinafter “instant private teaching institute”). On October 3, 2018, the Plaintiff transferred KRW 2,00,000 to the deposit account in the F’s name, and the Plaintiff transferred the remainder of KRW 20,000 to the deposit account in the name of F’s name.
B. At the time, the registration of the establishment of the right to collateral security was completed with the maximum amount of the claim amount of KRW 60,480,00, the debtor F, and the Defendant B Co., Ltd. (hereinafter “Defendant Bank”).
(c)
E shall complete the move-in report on the instant building on October 12, 2018 after receiving the instant building, and reside therein, and completed the move-in report on May 11, 2020 to another address.
Meanwhile, the Plaintiff completed the move-in report to the instant building on October 12, 2018, and completed the move-in report to the previous domicile on February 18, 2019.
(d)
On October 7, 2019, the Defendant Bank received a voluntary decision to commence an auction with the Incheon District Court D on the same day (hereinafter “instant auction procedure”). E. On November 5, 2019, prior to the final date for demanding an auction procedure of this case (the date of December 17, 2019), the Plaintiff filed a report on the right as a tenant and demanded a distribution with the above court. On May 20, 2020, the said court excluded the Plaintiff from the dividends, but excluded the said amount of KRW 66,840, the said amount of KRW 52,587,172, and the amount of KRW 385,48, and the amount of KRW 52,588,588, and the amount of KRW 485,88,588, and the amount of KRW 30, the Defendant Bank, the first-order creditor of the second-order application (the neighboring mortgage) at the Defendant Bank, the competent tax office of the Republic of Korea (tax office).