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1. On March 18, 2020, the Daegu District Court E, F (Dual) real estate compulsory auction case
Reasons
1. Facts of recognition;
A. On June 13, 2008, Nonparty G is a multi-household housing with three floors above ground (hereinafter “instant building”). Nonparty G is a 3-story housing on June 13, 2008.
(2) On the other hand, on June 23, 2008, the registration of establishment of a mortgage of KRW 325,000,000 (the debtor was changed to K on May 12, 2009), on May 12, 2009, the registration of establishment of a mortgage of KRW 36 million was completed on October 11, 201, and the registration of establishment of a mortgage of KRW 52,000,000,000,000,000,000,000,000,000,000,000 was completed on June 23, 2008.
(B) On March 19, 2018, the debtor was changed to L on March 19, 2018, and on December 30, 2019, the creditor was changed to M&A on December 30, 2019, and on January 7, 2020, the registration of the establishment of the pledge of the right to collateral security made to the creditor of J&A was made.
The Plaintiff entered into a lease agreement with G by setting the lease deposit amount of KRW 20,000 among the instant building, and the term of lease from December 22, 2015 to December 31, 2016 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).
(2) On the same day, the Plaintiff received the fixed date and completed the move-in report as N of the instant building (the Plaintiff paid KRW 5 million out of the deposit on December 22, 2015, and KRW 15 million on February 5, 2016, respectively.
(2) After that, the Plaintiff resided in N of the instant building and moved to P around December 2017, but did not prepare a lease contract again.
3) The Plaintiff filed an application for the order of lease registration on March 2019. On March 20, 2019, the Plaintiff filed for the order of lease registration on March 20, 2019, and on March 22, 2019, the registration of the housing lease as of December 22, 2015 on the remaining 19.83 square meters (Nho, December 22, 2015 on the date of lease; the date of resident registration; the date of resident registration; the date of resident registration on December 22, 2015 on December 22, 2015.