beta
Text
1. A distribution schedule prepared on June 19, 2018 by the above court with respect to a compulsory auction case of real estate D with the Incheon District Court Branch DD.
Reasons
1. Facts of recognition;
A. On January 10, 2017, A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on January 10, 2017, stipulating that the lease deposit is KRW 30 million, and the lease term is from January 20, 2017 to January 29, 2019 (hereinafter “instant lease agreement”).
B. On January 20, 2017, the Defendant received a fixed date on the instant lease agreement at the same time with the moving-in report on the instant loan.
C. At the time of the conclusion of the instant lease agreement, the registration of provisional attachment based on the Seoul Central District Court’s provisional attachment order (2016Kadan80064) with the creditor G Co., Ltd. and the claimed amount of KRW 190,000,000, and the registration of establishment of a neighboring mortgage as the debtor A, the maximum debt amount of KRW 118,880,000, and H, the mortgagee Co., Ltd. was completed.
As a principal lawsuit against the foregoing provisional attachment order, G Co. filed an application for a payment order claiming payment of KRW 190,753,223 against A as Seoul Central District Court 2016 tea1049 and delay damages. The original copy of the payment order issued on March 18, 2016 of the above court was served on A on December 1, 2016 and became final and conclusive on December 15, 2016.
E. Of the instant lease agreement, the Defendant confirmed the original copy of the register of January 10, 2017 and confirmed that the said provisional attachment and mortgage was established, and stipulated that the contract was concluded.
F. G Co., Ltd applied for a compulsory auction on the instant loan to the Incheon District Court Branch D, Incheon District Court Branch D on August 25, 2017, and received a decision to commence compulsory auction from the above court on August 25, 2017, and sold the instant loan to I on May 18, 2018.
G. On June 19, 2018, the above court: (a) reported to the Defendant as a small lessee in the first order among KRW 141,012,517, the amount to be actually distributed on the date of distribution of the above auction case; (b) KRW 22,00,00; and (c) KRW 103,06,495, and KRW 3,000, the mortgagee, the second order.