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1. The distribution schedule prepared on December 22, 2014 by the said court with respect to the auction of real estate C in Ulsan District Court C.
Reasons
1. Basic facts
A. Nonparty D acquired Ulsan E and 201 (hereinafter “instant housing”) on August 7, 2008.
B. Around July 2013, the Plaintiff filed an application for provisional attachment against the instant housing, which is “debtor D or 730 million won,” and upon the said application, rendered a decision of provisional attachment No. 2013Kahap575 on July 18, 2013.
(hereinafter referred to as the instant provisional attachment) The said ruling was registered on July 19, 2013 in the instant house.
[On the other hand, on January 8, 2015, the plaintiff filed a lawsuit against D on the merits of the provisional seizure case against Ulsan District Court, and on January 8, 2015, the above court rendered a judgment that "D shall pay 700 million won and damages for delay to the plaintiff" (the above judgment became final and conclusive in the court 2013Gahap4865).
On April 2014, the Industrial Bank of Korea applied for an auction of real estate rent on the instant housing.
On April 22, 2014, upon the above application, the decision to commence an auction of real estate was made (hereinafter referred to as the “instant auction”), and the auction procedure was conducted, such as the registration of entry in the instant house on the same day.
C. The Defendant asserted that the instant apartment is a small-sum lessee with the right to preferential payment prescribed by the Housing Lease Protection Act (hereinafter referred to as the “Housing Lease Protection Act”), and submitted a demand for distribution, stating “(i) the date of the lease contract; (ii) 30 million won; (iii) January 10, 2014; (iv) 24 months from January 10, 2014; (iii) the date of transfer; and (iv) April 18, 2014 with a fixed date, prior to the period of demand for distribution of the instant apartment.”
On December 22, 2014, the instant auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) to the effect that, on the date of distribution, the Defendant recognized the Defendant as a lessee of small claims having preferential right to payment under the Jeju Copyright Act, the distribution of KRW 14 million was made, and the remainder was distributed to the delivery right holder, the mortgagee of the right to collateral security, etc. and did not distribute the remainder to the Plaintiff.
E. The plaintiff is present on the date of the above distribution.