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1. The defendant,
A. The defendant's jurisdiction over the auction case of real estate C in Gwangju District Court:
Reasons
1. Facts of recognition;
A. As of December 10, 2005 with respect to the real estate listed in the separate sheet (hereinafter “the real estate of this case”), (1) as of December 10, 2005, the lease agreement (the same as the evidence No. 5, No. 1, No. 15), in which the lessor, E (the Plaintiff’s father and the Defendant’s attorney) as the lessee, and (2) as to the lease agreement (the Plaintiff’s representative) in which the lessee, the lessee, and the Defendant, respectively, was written. (2) The Defendant obtained the fixed date of August 3, 2007 from the lease agreement (No. 15-2).
B. As to the instant real estate, registration of ownership preservation was completed on December 14, 2005, and registration of ownership transfer in the Plaintiff’s name was completed on December 16, 2005.
C. The Defendant filed a lawsuit against the Plaintiff on the claim for refund of lease deposit with the Gwangju District Court 208Gadan10490, and withdrawn the lawsuit.
(hereinafter “Defendant-Related Lawsuit”). D.
E filed a lawsuit claiming the lease deposit against the Plaintiff and D as the Defendant in the Gwangju District Court 2008Gadan47317
(hereinafter “E-Related Lawsuit”). On July 6, 201, the above court dismissed the Plaintiff’s claim against E, and rendered a judgment that “D shall pay KRW 11,025,666 to E simultaneously with the delivery of the instant real estate from E.
Since E did not appeal against the above judgment, the judgment against the plaintiff was finalized as it is, and D appealed (Seoul District Court 201Na10101) but the appeal was dismissed.
E. As to the instant real estate, the voluntary auction procedure commenced on January 18, 2013 following the application of the FFF Treasury (Seoul District Court’s registration date No. 10702, Dec. 16, 2005) of the Act on the Establishment of Mortgage (hereinafter “instant auction procedure”), and the Defendant asserted that he/she acquired a claim based on the judgment on the claim for return of lease of E on July 26, 2013, and that he/she reported a right and demanded a distribution as a lessee.