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1. Of the distribution schedule prepared by the said court on July 30, 2018 in the distribution procedure of the distribution procedure of the real estate auction case by Gwangju District Court C.
Reasons
1. Basic facts
A. On January 16, 2015, the Plaintiff lent KRW 20,000,000 to D on the same day, and completed the registration of creation of a collateral security of KRW 30,000,000 for the maximum debt amount as prescribed by Presidential Decree No. 1444, Jan. 16, 2015, with respect to the E-si, Jeonnam-si, Jeonju-si (hereinafter “instant real estate”).
(hereinafter referred to as “the instant mortgage creation registration”). B.
D As the Plaintiff failed to repay the loan, the Plaintiff filed an application for voluntary auction on the instant real estate on the basis of the registration of establishment of the instant right to collateral security, and on June 24, 2016, the auction procedure commenced with the Gwangju District Court F (hereinafter “previous auction procedure”), but the Plaintiff withdrawn the application for the previous auction procedure on July 7, 2016.
C. Since then, the Plaintiff again filed an application for voluntary auction on the instant real estate based on the registration of the establishment of the instant collateral security, and on May 23, 2017, the auction procedure was commenced with the Gwangju District Court C.
(hereinafter “instant auction procedure”). D.
In the instant auction procedure, the Defendant filed a lease contract (hereinafter “instant lease contract”) with D, on October 8, 2014, on the premise that he/she leased KRW 12,00,000 of the lease deposit without rent, and filed a report on the right and demand for distribution as a lessee under the Housing Lease Protection Act. The said lease contract is deemed a direct contract with D without a broker, and the fixed date date was given on June 29, 2016. The Defendant transferred the resident registration of the instant real estate to the instant real estate building on June 21, 2016.
E. In the instant auction procedure, the instant real estate was sold to G and H on June 7, 2018, and the auction court distributes KRW 2,795,339, out of KRW 5,590,679, the amount to be actually distributed on the date of distribution on July 30, 2018, to the Defendant, who is the top priority lessee, and the remainder of KRW 2,795,340 to the Plaintiff, the mortgagee and the mortgagee, respectively.