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1. Of the distribution schedule prepared on March 16, 2018 by the original district court C with respect to the case of voluntary auction of real estate.
Reasons
1. Basic facts
A. On March 16, 2018, at the Changwon District Court C’s auction of real estate (hereinafter “instant auction”), the distribution schedule against the Plaintiff and the Defendant (hereinafter “instant distribution schedule”) was formulated as follows.
D E B A
B. The defendant received the distribution prior to the plaintiff as a small lessee, as stated in the above gambling part.
In other words, the Plaintiff submitted each claim statement of KRW 70,030,000 within the limit of KRW 69,30,000 for the maximum debt amount of KRW 70,30,000 for the real estate sold as indicated in the instant distribution schedule (hereinafter “instant real estate”), and the claim statement of KRW 60,000 for the amount of KRW 60,000 for the amount of KRW 20,000 for the amount of maximum debt amount. Only KRW 54,701,843 for the first-class collateral security was distributed, and there was no dividend for the second-class collateral security.
C. Under the instant distribution schedule, the distribution to the Defendant was based on the fact that the Defendant made a demand for distribution as a lessee to F, the owner of the instant real estate, as follows.
F G
D. As above, the content of the real estate lease contract (No. 3-2, hereinafter “instant lease contract”) submitted by the Defendant with a written demand for distribution is as follows.
DH I JJ L M K F B E G
E. The defendant participated in the auction of this case as the purchaser and won the bid of this case.
[Reasons for Recognition] Class A, Evidence Nos. 1, 2, and 3-1 and 2
2. The assertion and judgment
A. 1) The Plaintiff asserts that, since a lease agreement entered into between the Plaintiff and F regarding the instant real estate is the most advanced, the Defendant’s entire amount distributed as a small lessee ought to be distributed to the Plaintiff. 2) As to this, the Defendant asserted that the instant real estate was actually leased from F, and thus, it is difficult to comply with the Plaintiff’s claim.
(b) Written evidence No. 2, Gap evidence No. 3-3, Gap evidence No. 5, witness F's testimony and pleading.