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1. It was drawn up by the above court on August 19, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-do.
Reasons
1. Facts of recognition;
A. 1) The Defendant, a non-party C’s ownership, set forth the distribution schedule, etc. (hereinafter “instant apartment”) Nos. 202, 1604 (hereinafter “instant apartment”).
(3) On September 30, 201, 20061 received on September 30, 2010, 2010, the establishment of a contract as the grounds for registration, and the maximum debt amount shall be KRW 366,60,000, and the debtor shall be Nonparty E’s establishment of a mortgage (hereinafter “mortgage”).
(2) The Defendant filed an application for voluntary auction on the instant apartment based on the instant mortgage, and on December 19, 2013, there was a voluntary decision to commence the auction procedure following the said voluntary decision to commence the auction (hereinafter “instant auction procedure”).
3) In the instant auction procedure, Goyang Branch of the District Court: (a) distributed KRW 269,713,174 in the second order out of KRW 271,249,724, which was actually distributed on August 19, 2014, to the Defendant, a creditor under the instant mortgage; and (b) the Plaintiff, who claimed as a lessee regarding the instant apartment and claimed a demand for distribution, claimed as the lessee regarding the instant apartment, and claimed as a demand for distribution, to be excluded from the distribution of dividends (hereinafter “instant distribution schedule”).
4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 22,00,000 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on August 26, 2014.
B. 1) On September 26, 2013, between the Plaintiff and Nonparty C, a lease agreement between the Plaintiff and Nonparty C with respect to the instant apartment as a broker of Nonparty F, a licensed real estate agent having an office in Bupyeong-si, Seocheon-si, Busan, the lease deposit amount of KRW 27,00,000, and the lease term of the instant apartment is from October 7, 2013 to October 6, 2015 (hereinafter “instant lease agreement”).
(2) On October 2, 2013, the Plaintiff completed the move-in report on the instant apartment on October 2, 2013, and obtained a fixed date on October 10, 2013, and moved into the instant apartment on October 7, 2013, and thereafter made management expenses, etc.