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1. It was drawn up by the above court on May 28, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.
Reasons
1. The facts of recognition: To be deemed both a principal lawsuit and a counterclaim;
A. 1) The non-party Korean bank (hereinafter “non-party bank”) is drafted, etc. of the distribution schedule.
) The real estate in the separate sheet (hereinafter “instant apartment”) owned jointly by Nonparty C and Nonparty D in proportion to the shares of 1/2.
(2) On December 11, 2008, 182125, received on December 11, 2008, 2008, the Jung-gu District Court Yangyang Branch of the Goyang Branch of the District Court, as the grounds for registration to establish a contract, and on December 11, 2008, the maximum debt amount is KRW 258,00,000, the debtor, the debtor, the debtor, the non-party C and the mortgagee, as the non-party bank, (hereinafter “the instant
(2) On October 31, 2013, the non-party bank filed an application for voluntary auction of the instant apartment on the ground of the instant mortgage, and on October 31, 2013, the non-party bank decided to commence voluntary auction (hereinafter referred to as the “instant auction procedure”).
3) Defendant (Counterclaim Plaintiff, hereinafter “Defendant”)
(4) On May 28, 2014, in the instant auction procedure, the amount of KRW 182,895,976, which was actually distributed to the non-party bank, was distributed to the defendant, who is the creditor under the instant mortgage in the first order. The Plaintiff, who claimed as the lessee of the instant apartment and claimed a demand for distribution, made a distribution schedule (hereinafter referred to as the “instant distribution schedule”) stating that the Plaintiff would be excluded from the distribution of dividends.
5) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 20,00,00 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on June 2, 2014. (b) The Plaintiff filed a lawsuit of demurrer against the distribution on July 31, 2013, with the office of Nonparty C, Nonparty D, and Incheon Gyeyang-gu Office located on July 31, 2013.