beta
Text
1. Of the distribution schedule prepared on February 19, 2019 by the above court with respect to the Seoul Northern District Court C real estate auction case.
Reasons
1. The following facts are found to be without dispute between the parties or recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 through 5 (including evidence with a serial number):
A. On February 27, 2017, the Plaintiff obtained from Seongbuk-gu Seoul and one parcel of land Grae (hereinafter “instant Grae”) from E as collateral for the claim against D, the registration of the establishment of a neighboring mortgage amounting to KRW 50 million with respect to the instant Grae (hereinafter “instant real estate”).
B. On June 18, 2018, the voluntary auction procedure (hereinafter “instant auction procedure”) was initiated with respect to the instant real estate as Seoul Northern District Court C on June 18, 2018, upon the application of the I Association (JA assets management company of the JA on October 24, 2018) (hereinafter “instant auction procedure”).
C. On July 19, 2018, the Defendant submitted to the auction court, on May 25, 2017, a certified copy of the resident registration stating that he/she completed the move-in report as the location of the instant real estate on the lease deposit, monthly rent of KRW 50 million, KRW 600,000,000, and the term of lease from May 30, 2017 to May 29, 2019.
On February 19, 2019, the auction court recognized the status of a tenant of a small amount under the Housing Lease Protection Act in the first and second order of 166,607,903 won, which is to be actually distributed, excluding the cost of enforcement on February 19, 2019, and distributed 132,442,433 won to the J Union Asset Management Company, which is a mortgagee, and 53,592 won to the Seongbuk-gu Seoul Metropolitan Government, which is a tax claim, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that does not distribute to the plaintiff.
E. On February 22, 2019, the Plaintiff appeared on the aforementioned date of distribution and raised an objection to the whole amount of distribution to the Defendant, and thereafter, on February 22, 2019.