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1. Of the distribution schedule prepared on May 31, 2016 by the above court with respect to the cases of compulsory auction by official auction by the Seoul Southern District Court.
Reasons
1. Facts of recognition;
A. The Plaintiff has the opposing power and fixed date under the Housing Lease Protection Act, July 7, 2014, as the lessee who entered into a lease contract with the term of KRW 35 million from July 6, 2014 to June 24, 2016, with respect to KRW 305 among the seven-story buildings constructed on the Seoul Guro-gu Seoul Metropolitan Government OO and P land (hereinafter “instant building, etc.”).
B. On September 4, 2009, on the instant building, etc., the registration of creation of the right to collateral security was completed on the part of the instant building, etc., with the opposing power and the fixed date as to the leased part of the instant building, by 45 lessees including the Plaintiff, before the registration of decision of commencement of auction as set forth below was entered.
C. Both the above lessees are small tenants who are stipulated in the Housing Lease Protection Act, and the deposit amount of 40 out of which exceeds 34 million won, respectively, and two of the remaining five, respectively, is KRW 30 million.
In addition, 15 of the above lessees have the opposing power and the fixed date prior to the defendants, and among them, the total sum of deposit of 13 persons whose deposit exceeds 34 million won is 64 billion won.
In the procedure of compulsory auction as to the instant building, etc., on May 31, 2016, the auction court set up a distribution schedule stating that KRW 180,690,000 among KRW 2,712,45,848, which is to be actually distributed to the Defendants, shall be distributed to the lessee 45 to the extent of KRW 20,000,000,000 for small amount of deposit under the Enforcement Decree of the Housing Lease Protection Act, which was enforced at the time when the said mortgage was established, and KRW 1,160,918,611 shall be distributed to the Korean bank of the mortgagee of the right to collateral security, and KRW 670,847,237 shall be distributed to the lessee of the first priority and the Defendants in the order of receiving the fixed date.
The amount of dividends to the plaintiff under the above distribution schedule is KRW 20 million. D.