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1. Of the dividend table prepared on August 31, 2015 by the same court with respect to the auction of real estate B in Incheon District Court.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 3, Gap evidence No. 4, 7 and 11 (including any number).
In order to secure the claim against Nonparty D, the Industrial Bank of Korea of Gyeyang-gu, the first floor No. 110 of the Incheon Gyeyang-gu, the real estate owned by Nonparty D, and the first floor No. 111 of the Gyeyang-gu, Incheon, the building No. 1 (hereinafter “instant real estate”) of Gyeyang-gu, as joint collateral, completed the registration of the establishment of a collateral on October 9, 2008, with the maximum debt amount of KRW 528,00,000,000 on January 9, 2009, and the maximum debt amount of KRW 60,000,000 on November 20, 209, respectively.
B. On October 18, 2012, the Industrial Bank of Korea filed an application for auction of the instant real estate with the Incheon District Court B, based on the foregoing right to collateral security, on October 18, 2012. On October 19, 2012, the said court accepted the above application and rendered a decision to commence auction. The instant real estate was sold and distributed KRW 650,907,169, which deducted the execution cost.
C. The Industrial Bank of Korea transferred to the Plaintiff the claim and the right to collateral security with respect to the Plaintiff, and the Plaintiff was paid dividends as the assignee of the above auction procedure and as the creditor of the right to collateral security.
On December 26, 2012, when the above auction procedure was in progress, the defendant submitted a report on each of the following rights and a request for distribution to the auction court:
① On November 30, 2007, Nonparty D and Nonparty D entered into a lease agreement with the term of KRW 60,00,000, and the term of November 30, 2007 from November 30, 2007 to November 30, 2013 with respect to subparagraph 110 of the first floor of the building E, among the instant real estate (Evidence 4-1) and obtain a fixed date on December 17, 2012 (Evidence 4-1) ② A and June 22, 2010, with respect to the entire real estate of this case, a lease agreement was concluded with Nonparty D to the term of KRW 500,000,000, monthly rent, and the term of lease from June 22, 2010 to June 21, 2015, and obtain a fixed date of July 1, 2010.