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1. Revocation of the first instance judgment.
2. On August 9, 2013, the above court with respect to the case of compulsory auction for real estate D by the Incheon District Court.
Reasons
1. Facts of recognition;
A. On September 9, 2011, in order to secure loan claims against E, the Plaintiffs (i) are entitled to “instant building” (hereinafter “instant building”) No. 402 of the Nam-gu Incheon Metropolitan City, Incheon.
(2) On the other hand, with respect to the instant building, the Southern Saemaeul Community Depository, which created a senior mortgage rather than the Plaintiffs, filed an application for voluntary auction on the instant building with the Incheon District Court as the obligor did not pay a loan. On September 6, 2012, Incheon District Court D (hereinafter “instant auction procedure”), rendered a decision to commence voluntary auction on the instant building. On the same day, the said decision to commence voluntary auction was entered in the registry of the instant real estate.
3) Upon the sale of the instant building at the instant auction procedure, the Plaintiffs submitted to the executing court the claim settlement statement of KRW 436,000,000, totaling the principal amount of KRW 285,000,000, and interest of KRW 151,000,000 to the Defendant on the date of distribution. On August 9, 2013, the executing court submitted to the Defendant the claim settlement statement of KRW 22,00,000,000 to the Defendant as the first priority lessee, and to the Plaintiffs as the third priority mortgagee, the amount of KRW 436,00,239,755, out of the amount of claim 436,00,000, as the third priority mortgagee (hereinafter “instant dividend
(2) On December 30, 2011, G name move-in report was completed on December 30, 201 with the address of No. 402-6 (hereinafter “Lease object”) among the instant building, and G’s resident registration with the domicile of the leased object was maintained until the date of the instant auction procedure.
Deposit: 22,00,000 won (the down payment of KRW 2,00,000 at the time of contract, and the remainder of KRW 20,000,000 on September 10, 2012): The delivery date of the object of lease: Special Agreement on September 10, 2012: The moving into the country at the time of the removal of the existing tenant.
deposit account;