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1. It was prepared on February 11, 2015 by the said court with respect to the case of the voluntary auction of real estate B in Sung-nam District Court, Sungnam District Court.
Reasons
1. Facts of recognition;
A. On November 24, 2005, the Plaintiff lent KRW 840 million to C, and KRW 310 million on January 10, 2007, to secure the payment of the principal and interest of the loan. In order to secure the payment of the principal and interest of the loan, the Plaintiff completed the registration of the establishment of each of the maximum debt amount of KRW 728 million on March 2, 2005 with respect to the E Apartment-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si (hereinafter “instant apartment”) with the maximum debt amount of KRW 1502 million on March 2, 2005, and KRW 3648 million on November 23, 2005, and the maximum debt amount of KRW 364.8 billion on November 23, 2005, and KRW 43 million on January 9, 2007, respectively.
B. On March 13, 2014 with respect to the instant apartment, the lower court rendered a voluntary decision to commence the auction, and the F was awarded a successful bid on December 22, 2014 in the said auction procedure.
C. In the above auction procedure, in the order of first priority as a tenant of small claims, the distribution schedule was prepared with the content that the Defendant received dividends of KRW 11,658,820 in the second priority as a seizure authority (the pertinent tax), and that the Plaintiff received KRW 754,509,331 in the third priority as a mortgagee (hereinafter “instant distribution schedule”).
On the date of distribution, the Plaintiff raised an objection to the total amount of dividends against the Defendant, and filed a lawsuit of demurrer against the distribution on February 16, 2015.
On the other hand, between D and D around April 12, 2010, the Defendant entered into a lease agreement with the content that the Defendant leases the apartment room of this case owned by D from April 12, 201 to April 11, 2012, with the deposit amount of KRW 20 million, the rent of KRW 300,000,000, and the lease period of the instant apartment.
The above contract provides that the down payment of KRW 1 million shall be paid at the time of the contract, and the balance of KRW 19 million shall be paid on April 12, 2010, and “the balance of KRW 19 million on April 12, 2010,” but in fact the Defendant’s husband G paid KRW 10 million on April 9, 2010 as a check.
E. The Defendant completed a move-in report on April 19, 2010, and transferred the move-in report to another place on March 9, 2015.
【In the absence of dispute, Gap’s 1 through 4, Gap’s 7, Eul’s 2, Eul’s 4, and Eul’s 1 through 4, respectively.