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1. Seoul Southern District Court B and C (Dual) drafted on April 16, 2015 by the same court with respect to the auction of real estate.
Reasons
1. The following facts are based on the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) evidence Nos. 1 through 4; (c) evidence Nos. 6, 7; (d) evidence Nos. 1, 5, and 6; and (e) witness evidence Nos. 1, 5, and 6; and (e) the whole purport of the pleadings
Nonparty D, around May 8, 201, occupied F apartment 203 Dong 104 (hereinafter “instant apartment”) owned by Nonparty E from May 8, 201, and claimed a lien of KRW 89 million for the remainder of the construction works for the instant apartment as the secured claim.
B. On September 1, 2011, the Defendant, the wife of E and E, entered into a contract with the Defendant on a deposit of KRW 30 million, monthly rent of KRW 150,000,000, and from September 7, 2011 to September 6, 2013 (hereinafter “instant lease contract”).
C. On September 1, 201, the Defendant borrowed KRW 30 million from a bank and remitted it to the account in the name of E.
On September 8, 2011, the Defendant moved-in report to the location of the apartment in this case, and obtained a fixed date in the instant lease agreement.
E. D replaced the entrance door door of the instant apartment on October 5, 2011.
F. From the case of the application for auction of real estate B and C (Dual) in which the order of commencement was issued on February 19, 2012 with regard to the apartment of this case as the sale real estate, the distribution schedule was prepared to distribute the amount of KRW 16 million to the Defendant of the small-sized lessee (a total of KRW 16 million) who is the first-class creditor and the third-class mortgagee (a total of KRW 702,928,012) to the Plaintiff who is the first-class creditor and the third-class mortgagee (a total of the claim principal amount), and the distribution schedule was formulated to distribute KRW 251,081,312 to the Plaintiff (a total of KRW 702,928,012). Accordingly, even though the Plaintiff appeared on the date of distribution on April 16, 2015, the distribution schedule of this case was not modified.
G. The instant apartment management office is that “D paid management expenses from October 24, 2011 to December 2012” around June 24, 2014.