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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Commencement of auction and objection to the distribution;
A. On December 8, 2017, D Association filed an application for an auction for the exercise of security rights with respect to the multi-family houses listed in the attached list owned by E with the District Court C of the Jung-gu District Court C of the attached list.
After the auction of the above multi-family house, the above court distributed KRW 278,434,290 on the date of distribution on July 9, 2018 as follows:
(1) 1F 22,00,000 1 G 22,00,000 1 G 22,000,000 1G 222,000,000 1 Government 1,000 1,000 476,580 1,000 1,000 476,580 1 H 27,580 1,000 1 H 27,000,000 27,000 27,000,000 1,000,000 30,00,00,00 27,00,000,000 1,022,00,000,000,000, 300,00,00, 300,00,00, 10,003,005,00.
B. The Plaintiff appeared on the date of distribution and raised an objection against the Defendant in full (=22,00,000,000 won).
[Reasons for Recognition] Unsatisfy, Gap 2 and 8 evidence, the purport of the whole pleadings
2. The plaintiff alleged that he had the right to preferential reimbursement under the Housing Lease Protection Act was a tenant who has the right to preferential reimbursement under the Housing Lease Protection Act and was unable to receive a lawful service in the auction procedure of this case (i.e., the court only sent the documents concerning the procedure for the auction by registered mail, but the said documents were not served on the plaintiff).
Since then, even though the plaintiff demanded a distribution immediately before the date of distribution with the knowledge that he should demand a distribution, the distribution of this case made to the defendant who is the most lessee, excluding the plaintiff, is unlawful.
3. The plaintiff's right to preferential reimbursement under the Housing Lease Protection Act shall be the right to the suit.