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1. A distribution schedule prepared on July 9, 2015 by the said court with respect to a compulsory auction case against the Daegu District Court B real estate B.
Reasons
1. Basic facts
A. On April 6, 2012, the Plaintiff entered into a lease agreement with C on April 1, 2012 with regard to the lease deposit amounting to KRW 55 million, the term of lease from April 18, 2012 to April 17, 2014, and the tenant E (hereinafter “instant lease agreement”).
B. On April 6, 2012, the date of entering into the instant lease agreement, the Plaintiff entered into a lease housing support agreement with the Defendant, the legal representative of E, to support KRW 40 million from the National Housing Fund, and to support KRW 15 million remaining after deducting the above subsidies from the lease deposit stipulated in the instant lease agreement, which is the amount borne by E, but the right to claim the return of the lease deposit equivalent to the excess amount belongs to the Plaintiff.
C. On April 9, 2012, E completed the move-in report to the instant building, and resided in the instant building after being transferred from April 18, 2012, and the Plaintiff obtained a fixed date in the instant lease agreement on April 18, 2012.
Meanwhile, on April 5, 2012, the Defendant completed the registration of the establishment of chonsegwon as the Defendant on April 18, 2012 on the instant building. From April 29, 2012 to April 29, 2012, the period of the lease on a deposit basis was from April 29, 2012, and from April 29, 2014.
E. As the Plaintiff was unable to refund the deposit for the lessee even after the lease term of the instant lease expires, the Plaintiff filed a registration of lease on May 19, 2014, and filed an application for compulsory auction of real estate with the Daegu District Court Port Support B as to the instant building with the final payment order (Seoul District Court Branch Branch Decision 2014Da3613) as the enforcement title.
F. In the above auction procedure, the auction court is realizing KRW 32,325,091, which is the remainder after deducting the execution cost from KRW 33,560,681, which is the amount to be distributed on July 9, 2015, from KRW 1,235,590.