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1. A distribution schedule prepared on July 7, 2014 by the said court with respect to the auction case of the D's real estate in the Suwon District Court, which was established by the said court.
Reasons
1. Basic facts
A. On May 3, 2011, the decision to voluntarily commence the auction of real estate was made on May 6, 201 with respect to the building Nos. 801 and 901 of the F Ground Building Nos. 801 and 901 of the 8th and 901 of the 8th and 9th (hereinafter the above 801 and 901 collectively referred to as the “instant building”). The decision was registered on May 6, 2011.
B. During the instant auction procedure, the Plaintiff succeeded to the status of a mortgagee on the instant building from the Korea Financial Savings Bank on the ground of transfer of contract as of September 29, 2011.
C. On July 7, 2014, on the date of distribution of the instant auction, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Defendants distribute each of KRW 11,700,00 to the Plaintiff, who is the creditor and the mortgagee, in the second priority order, KRW 40,912,420, and KRW 1,028,438,29 to the Plaintiff, who is the mortgagee and the mortgagee, in the third priority order.
The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the total amount of dividends to the Defendants among the distribution schedule of this case, and filed a lawsuit of demurrer against the distribution of this case on July 11, 2014, within seven days thereafter.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 10, 12 (including evidence attached with a serial number), the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion did not meet the requirements for the priority repayment as a small lessee under the Commercial Building Lease Protection Act, and thus, there is no right to receive the priority repayment as a small lessee in the instant auction procedure. Therefore, the instant dividend table should be revised to pay the Plaintiff KRW 11,70,000, which was distributed to the Defendants in the instant dividend procedure.
① Defendant A only takes the form of a lease agreement.