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1. Of the distribution schedule prepared on July 22, 2015 with respect to the auction of the real estate B in this Court, the above court is against the defendant.
Reasons
1. Facts of recognition;
A. C completed the registration of ownership transfer on the fourth-class D 4, Dong-dong (hereinafter “instant real estate”) on the grounds of sale and purchase on July 1, 2010, as of May 19, 2010, and was granted a loan of KRW 92,00,000 from the Plaintiff on the same day (around 2, 2013, the Plaintiff and the principal of the loan agreed to extend the lending period of KRW 89,000,000 for the instant real estate). As to the instant real estate, C created the right to collateral security, which is the maximum debt amount of KRW 119,60,000,000, for the instant real estate.
B. On August 18, 2014, the Defendant entered into a lease contract with C and the instant real estate from August 18, 2014 to October 2, 2015, setting a deposit amount of KRW 20,000 (hereinafter “instant contract”) and completed the move-in report simultaneously with obtaining a fixed date on the instant lease contract on the same day.
C. C From October 11, 2014, the Plaintiff was the Plaintiff.
The Plaintiff began to delay the payment of interest on the loans stated in the subsection. Accordingly, the Plaintiff filed an application for a voluntary auction of real estate with this court on November 20, 2014. The instant real estate was sold to E at the auction procedure on June 16, 2015.
In the above auction procedure, the Plaintiff submitted to this court a statement of claim that there was a claim amounting to KRW 9,587,168,00,000,000,000 which was to be actually distributed on the date of distribution of the above auction procedure, and on July 22, 2014, the court drafted a distribution schedule with the content that, among the amount to be actually distributed on the date of distribution of the above auction procedure, KRW 76,052,315, the Defendant reported to the Defendant as the lessee of small amount, KRW 19,10,00, and KRW 42,140, and KRW 65,783, who is the person entitled to issue the pertinent tax, and KRW 65,783, who is the person entitled to issue the pertinent tax, and KRW 56,79,794,395, who is the applicant creditor
(g) The Plaintiff raised an objection to the entire amount of dividends against the Defendant on the date of the said distribution, and filed the instant lawsuit on July 23, 2015.