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1. It was drawn up by the above court on May 23, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-do.
Reasons
1. Facts of recognition;
A. 1) Nonparty Nonghyup Bank Co., Ltd. (hereinafter “Nonindicted Bank”)
) The real estate listed in the separate sheet of real estate owned by Nonparty C (hereinafter “instant apartment”).
(2) On June 4, 2012, the maximum debt amount is KRW 343,20,000, and the debtor is the debtor, as the non-party C and the mortgagee, the registration of creation of a mortgage in the vicinity of a bank (hereinafter “mortgage of this case”) under Article 71819, which was received on June 4, 2012 as the grounds for registration by the court of the Republic of Korea (hereinafter “mortgage of this case”).
(2) On July 1, 2013, the non-party bank filed an application for the voluntary auction of the instant apartment on the ground of the instant right to collateral security, and on July 1, 2013, the non-party bank had voluntarily decided to commence the auction procedure following the voluntary decision to commence the auction (hereinafter referred to as the “instant auction procedure”).
3) The Plaintiff is a specialized securitization company under the Asset-Backed Securitization Act. After the commencement of the instant auction procedure, the Plaintiff acquired the claim secured by the instant collateral security from the bank. (4) At the instant auction procedure, the instant apartment was sold to Nonparty D on April 23, 2014. In order to make the distribution schedule in order to the Plaintiff, the Plaintiff, the holder of the right to deliver the instant apartment, claiming that KRW 20,000,000, equivalent to the security deposit recognized as the priority repayment right under the Housing Lease Protection Act, among KRW 279,739,314, which is to be actually distributed on May 23, 2014, among KRW 279,739,314, which is to be distributed in order to the Defendant, who claimed as the lessee of the instant apartment, and distributed KRW 297,950, the amount to KRW 259,41,364, the right to deliver the instant apartment to the Plaintiff (hereinafter referred to as the “instant distribution schedule”).
4 The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the whole amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on May 29, 2014.
(b).