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The distribution schedule prepared by the same court on October 2, 2019 with respect to the case of the auction of real estate C in Incheon District Court.
Reasons
1. Facts of recognition;
A. D completed the registration of ownership transfer with respect to building F of Jung-gu, Incheon (hereinafter “instant apartment”) on July 18, 2002.
On June 30, 201, the Plaintiff lent KRW 80,000,000 to D on the same day, and completed the registration of the establishment of the right to claim ownership and the maximum debt amount, which are 104,000,000 for the apartment of this case.
B. As to the instant apartment, G Co., Ltd. completed each of the provisional attachment entry registrations as to the claim amounting to 18,126,045 won on March 19, 2018, H Co., Ltd., the claim amounting to 13,004,318 won on April 19, 2018, and I Co., Ltd, the claim amounting to 17,074,115 won on April 24, 2018.
C. On January 24, 2019, the Plaintiff is against the instant apartment from the instant court.
A voluntary decision on commencing auction based on the right to collateral security (the court C and the above decision on commencing auction was rendered with the auction procedure according to the above decision on commencing auction). D.
On the other hand, on June 1, 2018, the Defendant entered into a lease contract with the lease deposit of KRW 12,00,000 and the term of lease from June 1, 2018 to May 31, 2020 for the lease deposit of KRW 12,00,000 and the lease contract of this case (hereinafter “the lease contract of this case”) and received the fixed date in the instant lease contract after completing the move-in report on the apartment of this case on the same day.
On May 31, 2018, the Defendant remitted KRW 12,000,00 to the account under the J’s name, the wife of D.
On April 9, 2019, the Defendant made a demand for distribution as to the deposit of the instant lease contract at the instant auction procedure.
E. On the date of distribution of the instant auction procedure implemented on October 2, 2019, the Defendant received the full amount of KRW 12,00,000 as a small lessee, and the Plaintiff received dividends of KRW 66,672,20, out of the claimed amount of KRW 89,741,69 as a mortgagee, respectively.
On the date of the above distribution, the plaintiff raised an objection to the total amount of the defendant's dividends.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 6, Gap evidence 7, Gap evidence 9, Gap evidence 10, and the purport of the whole pleadings.