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1. On April 7, 2015, the above court shall have regard to the cases of net support E and F (Dual) real estate compulsory auction by the Gwangju District Court.
Reasons
1. The following facts of recognition are acknowledged, either in dispute between the parties or in accordance with Gap evidence of 1 to 3, 5 to 12, and Eul evidence of 1, and in combination with the whole purport of the pleadings:
A. On March 24, 2005, G entered into a sales contract with H reconstruction association (hereinafter “Non-Party Association”) on 112, 105, 1005, 112-dong 1005 (hereinafter “the instant apartment contract”).
B. Around the above time, K acquired the status of a buyer under the instant sales contract from G with the consent of the non-party union, and subsequently paid 93,936,000 won to the non-party union by May 31, 2012.
C. On January 25, 2013, the Plaintiff leased the instant apartment from K with the lease deposit amounting to KRW 100 million, the lease term from February 27, 2013 to February 27, 2015.
On January 28, 2013, the Plaintiff obtained a fixed date in the lease agreement on the instant apartment, and received the instant apartment from K on February 27, 2013, and completed the move-in report on the same day.
E. On April 1, 2013, the non-party union completed the preservation registration of the apartment of this case, and thereafter, on the application of Defendant B, C, and D with respect to the apartment of this case, the procedure for compulsory sale by official auction was initiated on July 17, 2014, and the procedure for compulsory sale by official auction to the court F on October 7, 2014 at the request of the Korea Credit Guarantee Fund.
(F) On April 7, 2015, the auction court distributed the amount of KRW 103,43,783 to be actually distributed, excluding the execution cost, on the date of distribution, to the Defendants. The auction court distributed the amount of KRW 9,59,597,314 to the Defendant Housing and Urban Guarantee Corporation, a creditor having an executory exemplification, and KRW 224,319 to Defendant D, a creditor of an executory exemplification, KRW 393,875 to Defendant National Bank, a creditor of an executory exemplification, and KRW 177,925 to Defendant B, a creditor of an application for auction.