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1. The same court with respect to the case of the auction, C, and D (Dual) of immovable property B in the District Court.
Reasons
1. Basic facts
A. On February 21, 2014, upon the request of F, a mortgagee, with respect to the real estate listed in the separate list owned by Nonparty E (hereinafter “instant real estate”), the decision to commence auction was rendered on February 21, 2014, and the decision to commence auction was rendered on February 24, 2014 with the above court C upon the Defendant’s voluntary request for auction.
B. As to the instant real estate, the Plaintiff entered into a lease agreement with October 8, 2013, which is stipulated from October 25, 2013 to October 24, 2015 as the lease deposit amount of KRW 20,000,000, monthly rent of KRW 300,000, and the term of lease from October 25, 2013 to October 24, 2015, and was granted a fixed date after completing the move-in report on October 25, 2013, and applied for a report on rights and a demand for distribution to the said auction court.
C. Of the amount to be actually distributed as of September 11, 2015, the above auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 97,720,181 to the Defendant of the mortgagee of the instant real estate in the first priority order with respect to the dividend regarding the instant real estate, the said auction court, among the amount of KRW 73,892,559, which is to be distributed as of September 11, 2015.
On the date of the above distribution, the plaintiff has raised an objection against KRW 5,100,000 out of the above dividend amount of the defendant, and then 2015
9. 17. The instant lawsuit was filed.
E. Meanwhile, from October 25, 2013, the date of commencement of the instant lease agreement, the Plaintiff paid the lessor E a sum of KRW 6,304,109 (30,000 x 300,000 x 5/365 x 5/365 x a sum of KRW 5,40,000 among them (30,000 x 300,000 on February 25, 2014, KRW 60,000 on May 4, 2015, 200, KRW 00,000 on May 4, 200, KRW 500,000 on September 25, 2014) to a third party; and the Plaintiff paid KRW 5,40,000 during the said period - KRW 104,00,00 on May 4, 200, KRW 1094).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, 8, 9, 10, 12, 14, 15, 18, 20, 21, 22, 25
2. Determination
(a) Dried stoves;