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1. As to the case of request for a voluntary auction of the real estate B to the Chuncheon District Court, the said court prepared on March 4, 2015.
Reasons
1. Basic facts
A. The status of the parties, etc. 1) C is as follows: D Apartment Nos. 102, 707, and 102 (hereinafter “instant real estate”).
(2) As to the instant real estate, the Plaintiff is a mortgagee who completed the registration of ownership transfer on March 7, 201. (3) The Plaintiff is a mortgagee who completed the registration of ownership transfer on May 21, 2013, the maximum debt amount of KRW 97,500,000, the debtor C and the Plaintiff as the mortgagee.
3) On August 5, 2013, the Defendant concluded a lease contract with C for the lease deposit of KRW 35,00,000 and for the lease period from August 20, 2013 to August 20, 2014 (hereinafter “instant lease contract”).
(B) Around September 2, 2013, the Plaintiff entered into an auction and obtained a fixed date on September 2, 2013. (B) On May 15, 2014, the Plaintiff filed an application for a discretionary auction of real estate in the Chuncheon District Court B case with respect to the instant real estate.
(hereinafter “instant auction”). E, at the instant auction, has awarded a successful bid for the instant real estate and completed the registration of ownership transfer concerning the instant real estate on March 12, 2014.
2) In the instant auction on August 18, 2014, the Defendant asserted that the Defendant was a small lessee with the opposing power to file a report on the delivery of housing and the transfer of resident registration under Article 3(1) of the Housing Lease Protection Act according to the instant lease agreement, and claimed a distribution of the deposit for lease amount of KRW 35,00,000. 3) As to the instant auction case, the Defendant recognized the Defendant as a small lessee, and distributed the amount of KRW 14,00,000 to the Defendant and distributed the amount of KRW 76,112,222 out of the remainder after the distribution.
In the above dividends, the amount of the Plaintiff’s claim is KRW 87,543,600.
4) On March 4, 2015, the Plaintiff appeared on the date of distribution of the instant auction case opened on March 4, 2015, and raised an objection to the distribution against the Defendant regarding the full amount of the distribution to the Defendant. [The Plaintiff did not have any dispute over the grounds of recognition, and evidence A Nos.