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1. As to No. 901, May 1, 2014, the Plaintiff (Counterclaim Defendant) and B, as to violation of Article 201, 201, Dong 901.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 9, 2005, the non-party 2 established the right to collateral security of KRW 96 million on August 31, 2005, the right to collateral security of KRW 120 million on April 24, 2006, the right to collateral security of KRW 120 million on the maximum debt amount, the right to collateral security of KRW 120 million on April 24, 2006, the right to collateral security of KRW 120 million on December 7, 2006, the right to collateral security of KRW 120 million on the maximum debt amount of KRW 40 million on March 4, 2010, the right to collateral security of KRW 100 million on the maximum debt amount of KRW 120 million on December 7, 2006, and the right to collateral security of KRW 240 million on March 4, 2010.
(hereinafter referred to as “each of the instant collateral security”). B.
On May 1, 2014, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate between B and B by setting the lease deposit amount of KRW 20,000,00, and the lease term from May 22, 2014 to May 22, 2016, and filed a move-in report after paying the full deposit amount on May 22, 2014, and obtained a fixed date on June 25, 2014.
C. On May 22, 2014, our bank applied for the commencement of voluntary auction on May 22, 2014, and opened the auction procedure for real estate lease (hereinafter “instant auction procedure”) with the Suwon District Court D on May 23, 2014 following the following day. The Defendant acquired the right to collateral lease from our bank, and completed the transfer procedure and the procedure for registration of mortgage under the Asset-Backed Securitization Act.
In the instant auction procedure, the Plaintiff asserted that the instant real estate was a small lessee under the Housing Lease Protection Act, who leased the deposit for rent of KRW 20 million, and filed a report on rights and demand for distribution with this court. However, on March 27, 2015, the date of distribution of the instant auction procedure, the said court excluded the Plaintiff from the distribution, and subsequently excluded the Plaintiff from the distribution on March 27, 2015, which was the date of distribution, from the distribution, and the Plaintiff remains in the order of KRW 676,90 and the Defendant second order.