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1. It was drawn up by the above court on July 26, 2017 with respect to the auction of the real estate B in Gyeyang-gu District Court Goyang-gu.
Reasons
1. Facts of recognition;
A. C completed the registration of ownership transfer due to the sale of D Apartment 201, 206, and 206 (No. 101, 206, and the administrative district, lot number, apartment name, Dong name, etc. were changed later at the time of the preservation registration; hereinafter “instant apartment”) on November 4, 2010 due to the same day auction.
B. On November 2, 2010, the Plaintiff: (a) from C on November 2, 2010, leased the instant apartment (it was owned by the Plaintiff’s husband F before the voluntary auction; (b) the Plaintiff completed a move-in report on May 31, 2001 and resided around that time) as the lease deposit of KRW 12 million (the lease deposit increased by KRW 8 million around November 30, 201, increased by KRW 20 million); (c) monthly rent of KRW 600,000; and (d) on February 15, 2012, leased the instant apartment at KRW 60,000,000 for the lease period of KRW 12 months; and (e) transferred the instant apartment (which was owned by the Plaintiff’s husband F before the voluntary auction; and (e) the Plaintiff resided in the instant apartment on April 24, 2012.
C. After that, the procedure of voluntary auction procedure was commenced as to the instant apartment. On June 14, 2016, the Plaintiff filed an application for a report on the right and demand for distribution by asserting that the instant apartment constitutes a small lessee who entered into a lease agreement with C as of November 2, 2010 to June 2, 2016, with respect to the instant apartment.
On July 26, 2017, the above court set up a distribution schedule of KRW 230,291,148, among the amount to be actually distributed on the date of open distribution, KRW 515,710, KRW 180,000, KRW 183,60,000, and KRW 25,910,826, and KRW 25,910,826, respectively, in the order of 3rd priority to a limited-liability company (applicants, collateral security) specialized in book-backed securitization (applicants, collateral security). The court set up a distribution schedule (hereinafter “instant distribution schedule”) that does not distribute to the Plaintiff.
E. The plaintiff is above.