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1. Of the distribution schedule prepared on July 28, 2014 by the above court with respect to the case of the voluntary auction of real estate B by the Jung-gu District Court.
Reasons
1. Facts of recognition;
A. On July 30, 201, the Plaintiff entered into a housing lease agreement with C and D on July 30, 201 with respect to KRW 20 million, monthly rent of KRW 300,000,000, and two years with respect to KRW 101,000,000,000,000,000 as a deposit for lease between C and D and D, and after completing a move-in report on August 1, 201, the Plaintiff resided in the instant housing from around that time.
B. On July 1, 2013, the Plaintiff entered into a renewal contract with C to increase the deposit amount to KRW 25 million, and entered into a renewal contract to extend the lease period to two years, and remitted the increased amount of KRW 5 million to D’s account.
C. C filed an application for voluntary auction on June 17, 201 and rendered a decision to commence auction on December 19, 2013, where the Defendant, who completed the registration of creation of a neighboring mortgage on the instant housing, did not repay the Defendant’s loan obligation to the Defendant. D. The decision to commence auction was rendered on December 19, 2013.
In the above auction procedure, the Plaintiff, as a small lessee, demanded a distribution of KRW 22 million, which is the top priority repayment amount. However, on July 28, 2014, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 65,206,121, the amount to be actually distributed as of July 28, 2014, KRW 44,310, KRW 207,590, KRW 200, and KRW 64,954,221, in the order of priority to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 9, Gap evidence 10-1, 2, and 3, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Plaintiff entered into a lease agreement with C and D, the owner of the above house prior to the registration of the decision to commence the auction of this case, with a deposit of KRW 25 million, and paid the deposit, and completed resident registration and reside therein, and thereby, the Plaintiff is a small amount of deposit under Article 8(1) of the Housing Lease Protection Act.