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1. Of the dividend table prepared on December 29, 2014 by the said court with respect to the auction of the real estate B in Incheon District Court.
Reasons
1. Basic facts
A. On June 7, 2011, Nonparty Nonghyup Bank Co., Ltd. (formerly changed: the National Agricultural Cooperative Federation) completed the registration of the establishment of a neighboring mortgage with respect to the debtor, the maximum debt amount, KRW 350,440,000,00,000, the debtor, and the maximum debt amount, regarding D Nos. 102, 4404, 4404 (hereinafter “instant real estate”).
B. In the auction procedure entered in the text of the instant real estate, the Defendant asserted that one of the smallest rooms (hereinafter “the small room”) among the instant real estate was a small lessee under Article 8 of the Housing Lease Protection Act, and filed a report on the right and demand for distribution with the court of execution by asserting that it is a small lessee under Article 8 of the Housing Lease Protection Act, and the court of execution made a report on the right and demand for distribution to the Defendant, who is the lessee of the small amount on December 29, 2014, on the date of distribution, the date of distribution by the court of execution, first, and second, third, 280,786,129 won to the Plaintiff, the assignee of the Nong Bank Co., Ltd., the assignee of the Nong Bank Co., Ltd. (hereinafter “instant
[Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 3, 8 through 10 (including branch numbers, if any) and the purport of the whole pleadings]
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 22 million won to the distribution schedule of this case, the defendant is requested to correct the same as the order.
B. According to the evidence indicated earlier, the Defendant’s lease agreement was concluded on July 2, 2012, to the effect that C and the Defendant leased the small room of this case by setting the lease deposit amount of KRW 30 million from July 2, 2012 to July 1, 2014, and the Defendant made a move-in report at the small room of this case on April 16, 2013, and obtained a fixed date on the said lease agreement, and thus, the Defendant is the small room of this case.