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1. Of the distribution schedule prepared by the above court on April 25, 2013 with respect to the auction of the real estate B in Incheon District Court.
Reasons
1. Basic facts
A. The Plaintiff’s credit against C extended KRW 44,00,00 to C on May 13, 201, and agreed to set up a collateral security amount of KRW 58,00,000 with respect to the maximum debt amount of KRW 103, Dong-dong 2, Nam-gu, Incheon (hereinafter “instant real estate”) owned by C for the said security (hereinafter “instant real estate”). The Plaintiff completed the registration of the Incheon District Court and the registration of the establishment of a mortgage on May 13, 201 as the Incheon District Court No. 44519, May 13, 201.
B. After the commencement of the auction procedure on the instant real estate, the Plaintiff applied for the commencement of the auction procedure on the instant real estate as a mortgagee, and on March 22, 2012, the auction procedure was commenced to Incheon District Court B.
C. On May 14, 2012, the Defendant reported the Defendant’s right to file a report on the right and a request for distribution, stating that he/she is a small lessee of the Housing Lease Protection Act, who leased the instant real estate at KRW 15,00,000, by setting the lease deposit amount as KRW 15,000,000.
As of April 10, 2012, the market price of the instant real estate assessed at the instant auction procedure was KRW 62,00,000, but was awarded to E on January 29, 2013 on several occasions, and the execution court was awarded a successful bid of KRW 26,660,00. On the date of distribution opened on April 25, 2013, the amount to be actually distributed 28,241,923, 14,120,962 to the Defendant, who is in the position of a lessee of a small amount, was preferentially distributed KRW 43,090, the remaining amount of the distribution, which was KRW 14,090, and was distributed to the Plaintiff, who was the mortgagee of a small amount of money, was set up in the second order, and the Plaintiff was present at the court and made a statement on the distribution date of KRW 25,000,000,000,000.
E. Meanwhile, the Plaintiff’s amount of credit stated in the distribution schedule is KRW 59,751,470 (principal KRW 44,00,000).