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1. Of the distribution schedule prepared on February 25, 2015 by the said court with respect to the auction of real estate B by the Daejeon District Court.
Reasons
1. Facts of recognition;
A. On October 30, 2012, the Plaintiff concluded a loan agreement of KRW 195 million with Nonparty C, and concluded a loan to Nonparty C on October 31, 2012, and completed the registration of the establishment of a mortgage over the amount of KRW 253,500,000,000,000 on the same day with respect to the Daejeon Seo-gu D apartment6 complex, Daejeon, the ownership transfer registration of which was completed under the name C (hereinafter “instant real estate”).
B. As C did not repay the above loans, on June 26, 2014, the Plaintiff filed an application for a voluntary auction of real estate on the instant real estate to B with this court based on the foregoing right to collateral security, and this court rendered a voluntary decision on the commencement of auction on June 27, 2014.
C. The Defendant filed a report on the right and demand for distribution on the ground that he/she is a lessee who entered into a lease contract with C on the instant real estate (hereinafter “instant lease contract”) with C during the auction procedure for the said real estate.
The instant real estate was sold in KRW 250 million. On February 25, 2015, the above execution court prepared the distribution schedule as follows: (a) KRW 19 million in the first order to the Defendant, who demanded the distribution of KRW 252,201,217, which was the remainder after deducting the execution cost from the above sale price and the interest thereon, from the distribution date on February 25, 2015; (b) KRW 704,180 in the second order to the Seongbuk-gu in Daejeon Metropolitan City; and (c) the remaining KRW 232,497,037 in the second order to the Seongbuk-gu branch of the National Health Insurance Corporation, each of which is the person entitled to deliver the said KRW 2,104,147 in the second order; and (d) KRW 6,08,860 in the Nam-gu in Daejeon Metropolitan City; and (e) KRW 1,579,014 in the Daejeon Metropolitan City, Daejeon Metropolitan City; and (e) KRW 731,202747.
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 9,636,763 of the dividend to the Defendant, and filed the instant lawsuit on March 3, 2015, within one week thereafter.
[Reasons for Recognition]