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1. The document prepared on August 9, 2018 by this Court concerning the compulsory auction of real estate C with Goyang-gu District Court Goyang-gu District Court C for compulsory auction of real estate.
Reasons
1. Basic facts
A. On May 6, 2010, the Industrial Bank of Korea concluded a mortgage agreement of KRW 646,800,000 with respect to the instant apartment owned by D while lending money to D, and completed the registration of creation of a collateral security on June 29, 2010, and completed the procedure for compulsory auction on the instant apartment on November 6, 2017.
(F) Goyang Branch C, hereinafter referred to as “instant auction procedure”). (b)
During the instant auction procedure, the Plaintiff succeeded to the status by taking over the collateral security claim against D from the Industrial Bank of Korea.
C. On August 9, 2018, on the date of distribution of the instant auction procedure, a distribution schedule with the content to distribute the amount of KRW 20 million to the Defendant on the date of distribution. The Plaintiff raised an objection against the said amount.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number for a case with a serial number), the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the judgment on the primary claim is the most lessee of the defendant, and the defendant is excluded from the dividend of this case. Accordingly, the defendant asserts that he entered into a lease contract with D, obtained a fixed date and made a move-in report with D E, and is a legitimate lessee who actually resides in the apartment of this case.
According to the evidence evidence evidence evidence evidence Nos. 7 and 10, as of August 31, 2017, E with the defendant and D as of September 21, 2017: (a) prepares a real estate lease agreement for the payment of KRW 24 months from September 21, 2017, and a down payment of KRW 10,000,000 on September 10, 2017; and (b) prepares a real estate lease agreement for the payment of KRW 20,00,000 on September 20, 2017, and after obtaining a fixed date on September 20, 2017, the defendant may recognize the fact that he/she filed a move-in report on the same day.
However, the following circumstances may be acknowledged by adding the whole purport of the pleadings to each description of Gap evidence Nos. 7 through 10, 13, 14, Eul evidence Nos. 1 through 5, 7, and 11.