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1. Of the distribution schedule prepared by the above court on August 22, 2014 with respect to the case of voluntary auction of real estate B in Seoul Eastern District Court.
Reasons
1. Basic facts
A. As to the apartment of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant apartment”), the Plaintiff applied for a voluntary auction with each of the maximum debt amount of KRW 672,00,000 and KRW 260,00,000 (hereinafter the former is referred to as the “mortgage 1” and the latter is referred to as the “mortgage 2”) and received a decision to commence the auction with the Seoul Eastern District Court B on November 14, 2013, with respect to the apartment of KRW 102,302 (hereinafter the “instant apartment”).
(hereinafter referred to as "the instant auction procedure". (b)
On August 2, 2013, the Defendant prepared the lease deposit for the instant apartment (hereinafter “instant lease contract”) with C on the lease deposit amount of KRW 45 million, and completed the move-in report on the instant apartment on September 5, 2013, completed the move-in report on the instant apartment, received the fixed date on the instant lease contract, and submitted an application for report on rights and a demand for distribution as a lessee at the instant auction procedure on January 10, 2014.
C. On August 22, 2014, the auction court prepared a distribution schedule stating that KRW 25,00,000 under the Housing Lease Protection Act shall be the first priority repayment amount of KRW 705,177,40,000, and KRW 834,090 under the second priority repayment amount of the Housing Lease Protection Act shall be the Defendant, and KRW 672,00,090 in the second priority payment amount shall be the Gangdong-gu Seoul, and KRW 672,00,000 in the third priority payment amount shall be the Plaintiff, the mortgagee of the instant mortgage, and KRW 7,343,310 in the fourth priority payment (the secured claim amount shall be KRW 94,474,257) shall be distributed to the Plaintiff, the mortgagee of the instant second priority collective security (the secured claim amount shall be KRW 94
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, and the purport of all pleadings.
2. The plaintiff asserts that the plaintiff is not the tenant who entered into a genuine rental agreement with C and resided in the apartment of this case after being delivered the apartment of this case, but the tenant is the highest tenant, and the defendant is the true tenant.
Therefore, the Defendant has to C the lease deposit under the instant lease contract.