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1. Of the dividend table prepared by the above court on August 28, 2018 with respect to the voluntary auction case of D real estate in Incheon District Court D.
Reasons
1. Facts of recognition;
A. On October 27, 2017, the Plaintiff, who was the mortgagee of the F building G in Michuhol-gu Incheon, the non-party E (hereinafter “instant real estate”), was voluntarily decided to commence the auction on the instant real estate as Incheon District Court D.
B. In the distribution procedure of the said auction case, on August 28, 2018, the distribution schedule was formulated to distribute KRW 27 million to the Defendant, who is the lessee of the said auction case, who is the lessee of the said small amount. Of the maximum debt amount of KRW 129,422,490, the distribution schedule was formulated to distribute KRW 108,938,871 to the Plaintiff, who is the mortgagee of the second claim,
(hereinafter referred to as the "distribution schedule of this case").
The Plaintiff appeared on the date of distribution, and raised an objection against KRW 11,483,619 out of the amount of distribution to the Defendant, and filed the instant lawsuit on September 3, 2018, before seven days thereafter.
[Grounds for recognition] The descriptions of Gap 1, 2, and 3 and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the party’s assertion asserts that it is unreasonable to distribute the amount of KRW 27 million to the Defendant as the Plaintiff is the most lessee of the Defendant.
On March 1, 2015, the defendant asserts that he concluded a lease contract with E and paid the lease deposit amount of KRW 30 million.
B. (1) According to each of the evidence Nos. 4, Nos. 1, 2, 3, 5, 6, and 7, E and the Defendant prepared a lease contract with respect to the instant real estate on March 1, 2015, from February 3, 2015 to March 2, 2017, and ② the Defendant transferred the instant real estate to H, I on March 19, 2015, and again transferred the instant real estate on March 30, 2015; ③ the Defendant obtained the fixed date of the lease contract on September 3, 2015, and ④ the Defendant resided in the instant real estate from the lease contract date.
d. However, in order for the Defendant to receive dividends as a lessee in the instant distribution procedure, the lessor shall be the lessor.