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1. Of the distribution schedule prepared on July 18, 2018 by the above court with respect to the case of D D's auction of real estate in Incheon District Court.
Reasons
1. Basic facts
A. E’s application (1) for lease and auction of the instant real estate (hereinafter “instant real estate”) is leased from F on March 22, 2011, Gtel H H of Bupyeong-gu Incheon (hereinafter “instant real estate”) with a lease deposit of KRW 55 million and completed a move-in report on March 28, 201, and obtained a fixed date.
I completed the registration of ownership transfer on November 23, 201 with respect to the instant real estate on September 16, 201.
(2) On May 14, 2013, E filed an application with the Incheon District Court for a payment order against I who succeeded to the status of the lessor of the above lease agreement, and the said court issued a payment order ordering I to pay KRW 5 million, and the said payment order was finalized on June 5, 2013.
E Based on the original copy of the above payment order finalized, on August 8, 2014, by the Incheon District Court JJ issued a decision to commence a compulsory auction on the instant real estate, and K was awarded a successful bid on July 9, 2015.
E received the total amount of KRW 10,375,912 on August 20, 2015, to be actually distributed on the date of distribution of the said auction case.
B. (1) On July 23, 2015, K completed the registration of the establishment of the instant collateral security (hereinafter “instant collateral security”) with respect to the instant real estate by reason of the contract to establish the Incheon District Court’s registry No. 66535, Jul. 23, 2015, based on the agreement signed on July 23, 2015.
(2) On November 19, 2015, the Defendant was issued a decision to commence a voluntary auction procedure for the instant real estate with the Incheon District Court D (hereinafter “instant auction case”) based on the instant collateral security.
C. On August 30, 2016, E filed a claim against K for the return of the lease deposit with the Incheon District Court 2016Kadan9147, and the said court rendered a judgment ordering K to pay KRW 44,894,808 (hereinafter “instant judgment”) and the said judgment became final and conclusive.
E shall be the Incheon District Court on July 11, 2017.