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1. A distribution schedule prepared on April 15, 2016 by the above court with respect to the auction case of real estate C with the Incheon District Courtbucheon-gu Seoul District Court.
Reasons
1. Basic facts
A. On November 3, 2002, the Plaintiff and D jointly purchased No. 302 of the 3rd floor of the 3rd floor of the 2nd floor of the 3nd floor of the 3nd floor of the 1/2nd unit of the 3nd unit of the 3nd unit of the 3nd unit of the 3nd unit of the 2nd unit of the E-U.S. building (hereinafter
B. On October 9, 2012, the Plaintiff and D set up and leased the instant commercial building to the Defendant as KRW 40,000,000, KRW 1,550,000 per month of rent (excluding value-added tax) and the period from October 10, 2012 to October 9, 2014.
(hereinafter “instant lease agreement”). At that time, the Defendant received delivery of the instant commercial building and occupied and used it for screen golf course.
C. On November 20, 2014, the Defendant entered into a contract with F to transfer the right to facilities of a screen golf course in the amount of KRW 48,000,000 for the premium, and the Plaintiff and D entered into a lease contract with F on December 12, 2014, between F and F as requested by the Defendant, for the instant commercial building, KRW 25,000,000 for the instant commercial building (the amount calculated by deducting the Defendant’s overdue rent of KRW 15,00,000 for the existing deposit of KRW 40,000), monthly rent of KRW 1,550,00 for the following rent of KRW 1,50 for the following period (excluding value-added tax), and the period from December 20, 2014 to December 19, 2015.
Meanwhile, between January 24, 2003 and July 31, 2009, the aggregate maximum debt amount of the instant commercial building was KRW 840,000,000,000,000,000, the debtor D, and the Industrial Bank of Korea, the Industrial Bank of Korea, was established. On December 11, 2014, the auction procedure for the instant commercial building was conducted with the Incheon District Court Support C, as to the instant commercial building upon the application of the Industrial Bank of Korea’s voluntary auction.
E. The Plaintiff and D did not clearly indicate the timing of cancelling the lease agreement between the Plaintiff and D and F at the request of the F on the grounds of the commencement, etc. of the above auction procedure between December 13, 2014 and December 18, 2014. However, in light of the circumstances where the Plaintiff and D received the deposit from F on December 13, 2014 and the deposit from F on December 18, 2014 and December 19, 2014, the said lease agreement was concluded between December 13, 2014 and December 18, 2014.