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1. Of the distribution schedule prepared on November 9, 2018 with respect to the auction of the real estate B in this Court, the above court is against the defendant.
Reasons
1. Basic facts
A. On November 20, 2017, in the case of an application for provisional seizure against real estate by this court No. 201949, the Plaintiff filed against C with the Plaintiff, on November 20, 2017, obtained a decision of acceptance against C with respect to the real estate indicated in the attached list (hereinafter “instant real estate”), Seo-gu, Gwangju, Seo-gu, 138,294,08 and the attached list thereof (hereinafter “instant real estate”), and thereafter, sought payment with respect to C for KRW 267,91,89 on December 29, 2017, for KRW 696,44,492 on December 29, 2018, for KRW 173,159,297 from February 7, 2018 to July 25, 2018, and for KRW 381,581,000 from the following day to the date of full payment, 2081.
B. On September 20, 2017, the E-Credit Union (hereinafter “instant auction procedure”) commenced on November 27, 2017 upon request against C, filed a report on the right and demand for distribution along with a real estate lease agreement (Evidence A-3) stating that C is a lessee with respect to the instant real estate, and that C is a lease deposit amount of KRW 40 million, and delivered the instant real estate to the Defendant by October 23, 2017, and leased it by delivery by no later than October 23, 2017.
C. On November 9, 2018, the auction court accepted the defendant's demand for distribution on the date of distribution, and prepared a distribution schedule with the content of allocating KRW 969,141 to the defendant, who is the lessee of small amount, in the first order of 318,731,81, which is the lessee of small amount of money to be actually distributed, after deducting the execution cost from the total amount to be distributed, such as the proceeds of sale, etc. of the real estate in this case, the court of auction, in the order of 318,731,81, which is the lessee of small amount of money
(hereinafter referred to as “instant distribution schedule”) d.
The Plaintiff appeared on the date of distribution and stated an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on November 12, 2018.
[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.