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1. Regarding the auction case of the rental of real estate, the High Government Branch C (Dual) of the District Court (D) shall be held by the same court on February 24, 2015;
Reasons
1. Basic facts
A. On August 11, 201, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to “Y land and its ground (hereinafter “the instant land and building”) owned by the G on August 11, 201, in order to secure the loan to G and secure it, the maximum debt amount is KRW 742,30,000, and the debtor was the Plaintiff and the mortgagee as the Plaintiff.
B. Around September 2013, G delayed the principal and interest of the loan, the Plaintiff filed an application for commencement of an auction on the instant land and building, and the Jung-gu District Court Goyang Branch decided to commence the auction voluntarily.
C. In the above auction procedure, on November 22, 2012, Defendant A agreed to lease “one column” among the instant buildings from G to KRW 22,00,000 and received a move-in report and a fixed date on the same day. ② Defendant B decided to lease “one column” among the instant buildings from G from November 22, 2012 to KRW 22,00,000 on the same day and received a move-in report and a fixed date.
On February 24, 2015, 2015, Yangyang Branch of the District Court: (a) deducted enforcement expenses, etc. on the premise that the Defendants are small tenants having preferential right to payment under the Housing Lease Protection Act; (b) distributed the Defendants each KRW 22,00,000,00 to the Defendants; and (c) drafted a distribution schedule containing the distribution of KRW 419,024,312 out of the total sum of the Plaintiff’s claims amounting to KRW 769,721,310 (hereinafter “instant distribution schedule”).
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount of distribution to the Defendants, and filed the instant lawsuit within seven days thereafter.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 5, and 6 (including the number of each branch), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff Defendants are the most lessee, and thus are not entitled to receive dividends, or are not entitled to collect the claims.