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1. Of the dividend table prepared by the above court on September 24, 2014 with respect to the auction of real estate B in Incheon District Court.
Reasons
1. Basic facts
A. On December 31, 2007, in order to secure the claims against Nonparty C, the Industrial Bank of Korea completed the registration of the establishment of a neighboring mortgage with respect to the land and buildings owned by Nonparty C (hereinafter “instant real estate”) of the debtor C, the maximum debt amount of Japan, 94 million won.
B. In the auction procedure on the text of the instant real estate, the Defendant asserted that the part of the first floor of the instant real estate (hereinafter “instant building”) among the instant real estate was a small lessee under Article 14 of the Commercial Building Lease Protection Act, and filed a report on the right and demand for distribution with the court of execution, and the court of execution made a report on the right and demand for distribution to the Defendant, who is the lessee of small amount on September 24, 2014, on the date of distribution, the date of distribution by the court of execution, first, the Defendant, who is the lessee of small amount of KRW 1,70,000,000, and set up and presented a distribution schedule (hereinafter “instant distribution schedule”) under the order of 797,610,114, which is the assignee of
[Ground for Recognition: Unsatisfy, Gap evidence 1 through 4, 9, 10
(2) Each entry and the purport of the whole pleading
2. The assertion and judgment
A. The plaintiff's assertion is merely the most lessee who entered into a false real estate lease contract with C, and the defendant recognizes the defendant as a small lessee and distributes the distribution of KRW 11.7 million as to the distribution schedule of this case, the correction of the above order is sought.
B. According to the evidence mentioned earlier and the evidence stated in Eul evidence Nos. 1, 3, 5, and 7, the lease agreement was concluded on October 15, 2010 to the effect that the defendant leases the building of this case between C and the defendant by setting the lease deposit amount of KRW 25 million, and from October 15, 2010 to October 15, 2012. The defendant filed an application for business registration on October 20, 201, but filed a corrective report on business registration on November 29, 201, and obtained a fixed date in the above lease agreement on the same day.