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1. Revocation of a judgment of the first instance;
2. As to the real estate indicated in the separate sheet between the Defendant (Counterclaim Plaintiff) and C, on March 2013.
Reasons
1. Determination as to the principal lawsuit
A. Basic facts 1) On March 6, 2013, the Defendant stated in the separate sheet (hereinafter “instant apartment”) with C on March 6, 2013.
The term of lease deposit is 22,00,000,000, and the term of lease is from April 8, 2013 to April 7, 2015 (hereinafter referred to as "the term of lease of this case").
(2) The Defendant paid KRW 2,00,000 to C on the day of the instant lease agreement, and completed the move-in report on the instant apartment, and obtained the fixed date in the instant lease agreement, and transferred the intermediate payment and the remainder KRW 20,000 on March 23, 2013 to each of the following day, and resided in the instant apartment from around that time.
3) Meanwhile, upon receiving a loan from the Plaintiff, C completed the registration of creation of a mortgage over the instant apartment on February 19, 2004 with the maximum debt amount of KRW 132,00,000,000, and on March 9, 2012, C had completed the registration of creation of a mortgage over the maximum debt amount of KRW 100,00,000. From February 13, 2013 to February 13, 2013, C applied for the auction of the instant apartment, and on May 10, 2013, C applied for the auction of the instant apartment to B with the Jung-gu District Court for a voluntary auction on the instant apartment (hereinafter “instant auction procedure”).
5) In the instant auction procedure, the Plaintiff, as a mortgagee, filed a claim amounting to KRW 236,609,223 (i.e., the principal amount of KRW 211,286,479,479) (i.e., KRW 25,322,744). The Defendant, as a lessee of small amount under the Housing Lease Protection Act, filed a report on the right and demand for distribution of KRW 22,00,00 as the claim amount. The auction court recognized the Defendant as a lessee of small amount under the Housing Lease Protection Act, on February 28, 2014, recognized the Defendant as a date of distribution, and distributes KRW 22,00,00 to the Defendant, and the Plaintiff distributed KRW 164,06,867 to the Plaintiff (hereinafter “instant dividend schedule”).
6) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of the dividend to the Defendant, and thereafter filed the instant lawsuit on March 7, 2014, which was seven days thereafter.