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1. A distribution schedule prepared on February 2, 2016 by the said court with respect to the real estate auction case of Gwangju District Court Netcheon-gu C.
Reasons
1. The following facts are acknowledged as either of the parties to a dispute or as a whole by taking account of the descriptions in Gap evidence 1 to 4, Eul evidence 1 and 2, and the whole purport of the pleadings:
A. On February 11, 1998, Seodo Fisheries Cooperatives (hereinafter “Seodo Fisheries Cooperatives”) obtained the registration of the establishment of a neighboring mortgage with respect to the land E (E, F, G, and H land) and its ground (hereinafter “instant building”) of the land E, which is owned D as collateral for a loan claim from D from D on February 11, 1998. Of these, E was subject to the registration of the establishment of a neighboring mortgage with respect to the building (hereinafter “instant building”).
B. On July 24, 2014, the Plaintiff received from D a registration for the establishment of a mortgage on the instant site and building with the maximum debt amount of KRW 110 million.
C. D had been engaged in the private gambling business using the instant building composed of six rooms, and the non-party union applied for voluntary auction on the instant site, building, etc. as D did not repay its loan obligations. Accordingly, on December 10, 2014, the procedure of voluntary auction on the instant site, building, etc. (hereinafter “instant auction procedure”) was commenced as Gwangju District Court Netcheon Branch C (hereinafter “instant auction procedure”).
On February 10, 2015, Defendant B submitted a certified copy of the resident registration statement stating that he/she completed the move-in report to the location of the building at issue, on November 2, 2014, when he/she reported the right and demand the distribution of two partitions (20 square meters) among the instant building, with the term of lease deposit of KRW 15 million and the term of lease of KRW 2,000,000,000, and on December 2, 2014.
E. On February 16, 2015, Defendant A reported the right to lease the three partitions of the instant building from D on August 15, 2014 with a lease deposit of KRW 15 million and the lease term of two years.