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1. It was drawn up on December 30, 2013 by the same court with respect to the senior auction of real estate C in Gyeyang-gu District Court.
Reasons
1. Basic facts
A. 1) The Korean Bank Co., Ltd. is a real estate listed in the separate sheet owned by D (hereinafter “instant apartment”).
(2) As to the instant apartment, the Defendant filed an application for the voluntary auction on the instant apartment on the ground of the registration of the establishment of a neighboring mortgage that had been completed as of February 22, 2012 by the Goyang-si District Court, 520,080,000 won with the maximum debt amount of KRW 520,000,000, on the basis of the registration of the establishment of a neighboring mortgage that was completed as of February 22, 2012. As to the instant apartment, the Defendant filed an application for the voluntary auction on the instant apartment as of May 7, 20
(2) The Plaintiff acquired the secured debt from the bank of Korea, which covers the instant collateral security, etc.
3) On November 18, 2013, in the instant auction procedure, the sales price of the instant apartment was paid in full, and the ownership transfer registration was completed to E with respect to the instant apartment. 4) In the instant auction procedure, the Jung-gu District Court set up a distribution schedule (hereinafter “instant distribution schedule”) stating that, as to KRW 474,054,136, the actual distribution was to be made on December 30, 2013, the Defendant A and the Defendant B, who claimed that the instant apartment was a lessee with respect to the instant apartment, and that, prior to the distribution date, the demand for distribution was made to the Plaintiff, who acquired the claim under the instant collective security, etc., the entire claim amounting to KRW 22,00,000,000, and the entire claim amounting to KRW 427,791,476, out of KRW 481,960,860, each of the total claim amount
5) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of KRW 22,00,000 to the Defendants, respectively, and filed a lawsuit of demurrer against the distribution on January 6, 2014. (b) Defendant A entered into a lease agreement with Defendant A, etc. (a) on February 20, 2012, as to the instant apartment between D and D, KRW 50,000 as to the instant apartment, KRW 1.2 million as to the monthly rent, and the term of lease from February 29, 2012 to February 28, 2014 (hereinafter “instant lease agreement1”).
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