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1. On October 16, 2014, with respect to the Suwon District Court's Sung-nam Branch C and D (Duals) auction cases of real estate, the above court shall have jurisdiction over the auction cases of real estate.
Reasons
1. Facts of recognition;
A. On July 26, 2012, when lending money to F, Spoi Mutual Savings Bank Co., Ltd. completed the registration of creation of a mortgage near the debtor F and the maximum debt amount of KRW 784 million on July 26, 2012 with respect to the land of Gwangju City E, G, and H and the first unit E-based building (hereinafter “instant building”). The Plaintiff acquired the aforementioned collateral security claim.
B. On October 7, 2013, with respect to each of the above lands including the instant building, the decision of voluntary auction was rendered to this court C, and the decision of voluntary auction was rendered to this court D on December 9, 2013.
C. At this court C and D (hereinafter “instant auction procedure”), Defendant A leased the fourth floor space of the instant building from F on February 5, 2013, by setting the lease deposit of KRW 15 million, monthly rent of KRW 200,000,000 from February 25, 2013 to February 25, 2015. On February 5, 2013, Defendant C and D (hereinafter “instant auction procedure”); (i) completed the resident registration on March 5, 2013; (ii) claimed the lease deposit of the instant building from F on August 1, 2013 to the lease deposit of KRW 15 million, KRW 200,000, KRW 300,000 from February 15, 2013 to the lease period of KRW 30,000,000, KRW 36,000,000, KRW 37,2531,205.
On the date of distribution conducted on October 16, 2014, the instant auction court: (a) deemed the Defendants as respective small tenants; and (b) drafted a distribution schedule with the content that distributes each of KRW 15 million to the Defendants, a mortgagee, the amount of KRW 575,920,761 (hereinafter “instant distribution schedule”).
E. On October 16, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendants regarding the total amount of dividend payments, and filed the instant lawsuit on October 23, 2014, which is within seven days thereafter.
[Ground of recognition] A.