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1. Revocation of the first instance judgment.
In respect of the auction of D D's real estate auction case, this Court on January 11, 2018.
Reasons
1. Facts of recognition;
A. On July 8, 2010, the network E completed the registration of transfer of ownership on the ground of sale on July 6, 2010 (the reported transaction price of KRW 80 million) with respect to multi-household housing No. 46.76m2 (hereinafter “instant housing”) on the land of “F (Road Name Address: Namyang-si, Nam-si)” (hereinafter “instant housing”).
With respect to the instant housing on the same day, the right to collateral security (the obligor, maximum debt amount of KRW 72 million, hereinafter “the instant right to collateral security”) was established under the name of the Company I (hereinafter “I”) to secure H’s loan obligations.
B. The latter network E died on June 4, 2016, and the co-inheritors are children H, M, N, L,O, P.
J. T is L’s child.
C. On April 24, 2017, upon the application of I, who was a mortgagee, the voluntary decision to commence the auction of the housing of this case was rendered, and on April 25, 2017, the registration of the voluntary decision to commence the auction of the housing of this case was completed.
(C) A contract date is concluded between the lessor (owner) and the lessee B, and the lessee’s lease deposit deposit amounting to KRW 17 million from March 2, 2017 to March 1, 2019, and the lease deposit amounting to KRW 17 million from March 2, 2017 to KRW 17 million from March 2, 2019, among the instant real estate, on March 7, 2017, the date of delivery of a building on March 7, 2017, the date of the move-in report on March 30, 2017 [Defendant C] the fixed date on March 17, 2017, the date of the move-in report on May 30, 2012; Defendant C’s lease deposit period from May 30, 2012 to May 29, 2018 (the date of move-in report on May 29, 2016).
In the instant auction procedure, the Defendants filed an application for a report on rights and a demand for distribution as each of the following small tenants:
E. In the instant auction procedure, on November 20, 2017, a decision of permission for the sale of T was rendered to a purchaser on November 20, 2017, and the said court rendered a decision of permission for the sale of T. The execution cost at KRW 62,67,000 on January 11, 2018.