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1. The Daegu District Court prepared on May 28, 2015 with respect to the application case for a voluntary auction of real estate B in the Daegu District Court Kimcheon-do.
Reasons
1. Basic facts
A. On November 24, 2008, Defendant Yong-Nam Development Co., Ltd. (hereinafter “Defendant Yong-Nam Development”) concluded a mortgage agreement of 25 million won (hereinafter “instant apartment”) with respect to the apartment Nos. 102 and 301 (hereinafter “the instant apartment”) of the old-si Daeyang Construction Co., Ltd. (hereinafter “Defendant Daeyang Construction”) and completed the registration of the establishment of a mortgage on November 25, 2008.
B. On February 17, 2010, Defendant Yong-Nam Development completed the provisional attachment registration on the same day after obtaining a decision on provisional attachment of real estate with the claim amounting to KRW 30,070,000 from this court as to the apartment of this case.
C. On November 20, 2014, regarding the apartment of the instant case, the prior agricultural cooperative, the creditor of the instant apartment, filed an application for voluntary auction, and the voluntary auction procedure (hereinafter “instant auction procedure”). D.
On May 28, 2015, the date of distribution of the instant auction procedure: (i) KRW 19,985,295 in total to Defendant A, (ii) KRW 2,000,000 in the order of 4th 12,000,000 in the order of 2nd 12,000,000 as a tenant of the fixed date of KRW 7th 4,985,259 in the order of 6th 1,000 in the order of priority as a tenant of the fixed date of KRW 6th 1,985,00 in the order of 6th 1,980 in the order of priority as a tenant of the fixed date of the instant auction procedure; (iii) KRW 25,00,00 as a five-class collective security holder of the Defendant Young-Nam Development; (iv) KRW 1,968,35
On June 4, 2015, the Plaintiff raised an objection against the total amount of dividends to the Defendants on the date of distribution, and thereafter filed the instant lawsuit on June 4, 2015.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings
2. As to the plaintiff's claim against the defendant A
A. Indication of Claim: The lease contract entered into between Defendant A and D on September 5, 2014 with respect to the instant apartment (20 million won, rent 200,000 won).