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1. It was drawn up by the above court on July 23, 2013 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-gu.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff: (a) No. 101 (hereinafter “instant building”) was moved to the E building at the time of strike jointly owned by Nonparty C and Nonparty D (hereinafter “instant building”).
As to the maximum debt amount, the maximum debt amount is KRW 97,500,000, and the debtor C and the mortgagee of the non-party C as the plaintiff (hereinafter referred to as the "mortgage-mortgage-mortgage-backed security of this case").
2) On July 27, 2010, the Plaintiff filed an application for voluntary auction of the instant building on the ground of the instant right to collateral security (hereinafter “instant auction procedure”), and on June 5, 2012, the Plaintiff filed an application for voluntary auction on the ground of the instant right to collateral security (hereinafter “instant auction procedure”). Nonparty C completed the auction procedure following the said voluntary decision to commence auction (hereinafter “instant auction procedure”) with the Government District Court, the Seoul District Court, and Nonparty D’s registration of voluntary auction on the instant building was completed on January 27, 2012 with respect to Nonparty D’s 1/2 share on the instant building on the ground of sale on January 19, 2012.
3) At the instant auction procedure, Goyang Branch of the District Court claimed that KRW 14,00,00,000 out of KRW 531,097,676, which was actually distributed on July 23, 2013, was the lessee regarding the instant building in the first order, and distributed to the Defendant who had demanded a distribution prior to September 3, 2012, which was the final date for demand for distribution, and distributed KRW 460,207,016, which was to be distributed to the Plaintiff, a creditor under the instant right to collateral security (hereinafter referred to as the “instant distribution schedule”).
(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount of dividends of the Defendant, and filed a lawsuit of demurrer against distribution on July 29, 2013.
B. As to the building of this case 1, including the conclusion of a lease agreement, the contract date between Nonparty C and the Defendant is August 23, 201; the lease deposit amount is KRW 30,000,000; and the lease term is August 2013.