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1. It was drawn up by the same court in September 4, 2014 with respect to the case of the voluntary auction of B real estate in the Youngcheon District Court Youngcheon Branch B.
Reasons
1. Facts of recognition;
A. The Industrial Bank of Korea filed an application for voluntary auction on March 22, 2013, based on the right to collateral security (hereinafter “instant building”) established on the land of 2008 square meters and its ground (hereinafter “instant building”), which was owned by C as a creditor against Korea Co., Ltd. (hereinafter “the instant auction procedure”), and subsequently transferred the said right to collateral security and secured claim to the Plaintiff.
B. As to the 12th floor (12nd floor) of the instant building, the Defendant prepared a real estate lease agreement between May 7, 2009 to December 31, 2012 (hereinafter “instant lease agreement”) with C, under which the lease deposit amount is KRW 15 million, and the lease period is from May 7, 2009 to December 31, 2012. On December 21, 2012, the Defendant obtained the fixed date in the above contract at the Taecheon District Court, Chuncheon District Court’s registration office, and (2) as to the 90th class of the restaurant of the instant building, the lease deposit amount is KRW 15 million and the lease period is KRW 150,000,000,000,000 for the monthly rent, from March 15, 2012 to March 31, 2013, and received the fixed date agreement from March 21, 2012.
In addition, on September 4, 2009, the defendant moved to the "Sacheon-si D", and on September 28, 2014, the above address was placed to the address on the resident registration.
C. On June 7, 2013, the Defendant filed a report on the right and demand for distribution as a housing lessee, a commercial lessee, and a commercial lessee relating to the instant building at the instant auction procedure.
On September 4, 2014, a court of execution prepared a distribution schedule stating that KRW 368,576,663 shall be distributed to the Plaintiff, who is the applicant creditor and mortgagee, and KRW 12,000,000,00 to the Defendant, who is a small lessee, respectively (hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution and stated an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on September 11, 2014, within one week thereafter.
[Grounds for recognition] Unsatisfy, A No. 1.