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1. Of the distribution schedule prepared on January 24, 2013, this Court (C) with respect to the auction of real estate.
Reasons
Basic Facts
In the case of the auction of real estate in the case of the auction of the real estate in Yongsan-gu, Busan Metropolitan City E apartment No. 102, 302 (hereinafter “the apartment of this case”) owned by Nonparty D, this court distributed KRW 202,287,614 to the defendant, who is the creditor of the right to collateral security against D on January 24, 2013, who is the creditor of the right to collateral security against the defendant, and prepared a distribution schedule that does not distribute to the plaintiff. The fact that the plaintiff raised an objection against KRW 16,00,000 out of the amount of dividends against the defendant is not a dispute between the parties.
The plaintiff asserts that, on March 9, 201, the plaintiff himself is a legitimate small lessee who leased the apartment of this case and paid lease deposit of KRW 25,000,000 to the plaintiff for the purpose of actual residence from defendant D on March 9, 2011. The defendant asserts that since he is a legitimate small lessee who paid lease deposit of KRW 25,00,000, the plaintiff should be distributed to the plaintiff. The defendant asserts that the plaintiff is merely the most lessee who reported false rights for the purpose of receiving dividends in the auction procedure, and even if not, the plaintiff's argument that the lease was concluded
Judgment
In full view of the overall purport of the pleadings in each of the statements in Evidence Nos. 1 and 2, evidence Nos. 1 and 4-3, evidence No. 4-2, evidence Nos. 2-1, 2-2, and evidence No. 4-1 through 3, the Plaintiff entered into a lease contract with D as to the apartment of this case between March 9, 201 and D, with the lease deposit amount of KRW 25,00,000, the lease period of the apartment of this case from March 11, 2011 to March 10, 2013 (hereinafter “the lease of this case”). The Plaintiff completed the move-in report to the apartment of this case on March 10, 201; the Plaintiff obtained a fixed date on March 11, 201; the lease contract price of this case was set at KRW 290,000,000; the lease contract of this case was set at the maximum debt amount of KRW 1,600,000.