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1. Of the distribution schedule prepared on November 15, 2018 by the said court with respect to the case of the voluntary auction of real estate C in Incheon District Court.
Reasons
1. Facts of recognition;
A. When lending KRW 128,00,000 to D, the Plaintiff completed the registration of establishment of a collateral security right (hereinafter “instant collateral security right”) on December 21, 2010 with respect to the Seo-gu Incheon Building and F (hereinafter “instant building”) owned by D, the maximum debt amount of KRW 153,60,000, and the debtor D and the Plaintiff as a mortgagee.
B. On August 7, 2017, the Defendant entered into a lease agreement with D to lease the instant building by setting the lease deposit amount of KRW 22,00,000 (20,000,000,000,000,000 at the time of the contract, and the remainder of KRW 20,000,00,000 at the time of the contract, shall be paid on September 5, 2017) from September 5, 2017 to September 4, 2019 (hereinafter “instant lease agreement”).
At the time, H, who is the father of the plaintiff and the plaintiff, was in the place of preparing the lease contract in this case, but D did not have such a place.
The following terms are written in the column for the special agreement of the lease agreement of this case:
-be leased under the present condition of the facility;
- identify and conclude all certificates of registration.
- - Representations, certificates of personal seal impression, copies of resident registration certificates - Contract after (direct currency)
C. The Defendant: (a) on August 7, 2017, KRW 500,000 on the IF’s deposit account in the name of D; (b) the same month.
8. The transfer of KRW 1,500,000, and KRW 20,000 on September 4, 2017, respectively, was completed on September 4, 2017 with a fixed date fixed in the above lease agreement after obtaining a move-in report.
On January 4, 2018, the plaintiff filed an application for commencement of voluntary auction based on the right to collateral security of this case with the Incheon District Court C, and the decision to commence voluntary auction was issued on the same month.
5. The entry registration has been completed.
In the above auction procedure (hereinafter “instant auction procedure”), the instant building was awarded to the third party on October 18, 2018.
E. The Defendant demanded the distribution of the lease deposit under the instant lease agreement during the instant auction procedure.
The judicial assistant of the Incheon District Court is the building of this case on November 15, 2018 in the auction procedure of this case.