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1. The District Court C/D (Dual) was drawn up on October 1, 2013 with respect to the auction of real estate.
Reasons
1. Basic facts
A. On March 8, 2012, the Plaintiff completed the registration of the establishment of a mortgage with a maximum amount of KRW 3% per month and KRW 65,000,00,00 each set on June 7, 2012, and with respect to the F apartment-dong 503, 801 (hereinafter “instant apartment”) in Yangju-si, owned by E in order to secure the said loan claim.
B. Meanwhile, as between October 9, 201 and E, the Defendant completed a lease contract (hereinafter “instant lease contract”) stating that part of the instant apartment (including one column and one toilet, a school toilet, living room, and a kitchen attached to the inner toilet) shall be KRW 15,00,000 as lease deposit, and the term of lease shall be from November 30, 201 to November 29, 2013, and the Defendant filed a move-in report with respect to the instant apartment on March 23, 2012, and on the same day, filed a report with G living together.
C. Since then, the procedure for the auction of real estate (hereinafter “instant auction procedure”) was conducted under the Jung-gu District Court C and D (Dupl) with respect to the instant apartment. As a result, on the date of open distribution on October 1, 2013, the Defendant distributed KRW 14,00,000 to the Defendant as a small lessee and distributed KRW 14,00,000 in the first order as a small lessee, and the Plaintiff prepared a distribution schedule that distributes KRW 4,528,766 in the order of five priority as the applicant creditor and the right to collateral security (hereinafter “instant distribution schedule”).
The Plaintiff appeared on the date of distribution, and raised the instant lawsuit on October 1, 2013, which was within one week thereafter, against the whole amount distributed by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 8 through 11, and purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted by the parties concerned was prepared without going through a licensed real estate agent, and there is a considerable interval between the date of preparation of the lease contract and the move-in report, and there is no fixed date, and G and the defendant are among the apartment buildings in this case.