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1. Of the distribution schedule prepared on August 26, 2013 by the same court with respect to the case of the voluntary auction of D real estate in Incheon District Court D.
Reasons
1. Basic facts
A. In order to secure loan claims against E on September 9, 201, the Plaintiffs received from E the establishment of a collateral security right of KRW 420 million with respect to the F building owned by E (hereinafter “instant building”) A Dong-dong, Nam-gu, Incheon (hereinafter “instant building”).
After that, the above E sold the studio of this case to G on April 23, 2012 and completed the registration of ownership transfer on April 24, 2012.
B. On August 20, 2012, the Defendant drafted a lease agreement on the above G and the studio of this case (hereinafter “instant lease agreement”) with the following terms and conditions (hereinafter “instant lease agreement”).
Lease Deposit: The term of 22 million won (payment and receipt at the time of a contract deposit of KRW 3 million and payment for the balance of KRW 19 million shall be made on August 22, 2012): A special agreement from August 22, 2012 to August 21, 2014
1. No 302 is divided into three units (304, 305, 306) for a single independent household or for rent, and this Agreement is a contract of heading 304.
broker: H Real Estate (Representative I)
C. Meanwhile, at the time of the formation of the instant lease contract, J (Representative K) was in charge of the management of studio rental and maintenance and repair of the building in this case.
However, on September 6, 2012, the creditor of the above-mentioned Saemaul Bank filed an application for a voluntary auction with D of this Court concerning the instant room on September 6, 2012, and this court prepared a distribution schedule with the content that distributes the amount of KRW 22,00,00 to the defendant who distributed the amount to be distributed on August 26, 2013 as a lessee of small amount among KRW 116,528,697 and KRW 22,00,000 in the first order, and the second order, to the applicant creditor of the above-mentioned Saemaul Bank in the second order, 61,714,730 won in the second order, and 32,813,967 to the plaintiffs of the right to collateral security.
E. On August 26, 2013, the Plaintiffs raised an objection against the full amount of dividends to the Defendant on the date of the aforementioned distribution.