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1. Of the distribution schedule prepared by the said court on August 26, 2014 with respect to the Suwon District Court B’s auction of real estate.
Reasons
1. Basic facts
A. On October 2013, the Plaintiff filed an application for the auction of real estate rent with the Suwon District Court B as a mortgagee of the right to collateral security (hereinafter “instant real estate”) against the Young-gu D apartment 507 Dong-dong 801 (hereinafter “instant real estate”). On October 7, 2013, the decision to commence the auction of real estate was made on October 7, 2013, and the entry was registered on the same day.
B. In the above auction procedure, the Defendant claimed as a lessee of small amount and demanded distribution. On August 26, 2014, the above court set up a distribution schedule with the content that distributes the amount of KRW 19,560 to the Defendant, a lessee of small amount, KRW 19,560, and KRW 19,560, and KRW 210,974,658 to the Plaintiff, a mortgagee of small amount, in the second order.
C. The Plaintiff appeared on the aforementioned date of distribution, and raised the instant lawsuit on September 1, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserts that since the lease agreement between the defendant and C as the wife of C constitutes a false declaration of agreement, the distribution schedule of this case where the defendant distributed 19 million won to the defendant, who is the most lessee, as the plaintiff, should be revised as stated in Paragraph 1 of the Disposition.
B. As to this, the Defendant asserts that the instant distribution schedule, which paid 19 million won to the Defendant, is justifiable, since the Defendant concluded a lease contract with C and paid the lease deposit, completed a move-in report at that time, and resided in the instant real estate.
3. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings as to each of the statements in the judgment fee Nos. 3 and 4 (including the provisional number), and ① the Defendant entered into a lease agreement with C around November 2009, and paid the lease deposit at around that time with his parents.