Text
1. On August 24, 2014, with respect to the case of voluntary auction application for the real estate B in Gyeyang-gu District Court Goyang-dong, the above court.
Reasons
1. Facts of recognition;
A. As to E apartment units 105, 2004, Dong-dong 2004 (hereinafter “instant real estate”) located in Seoyang-gu, Seoyang-gu, Seoyang-gu, the conclusion of a lease agreement, the above C concluded a lease agreement with the Plaintiff as a broker by a licensed real estate agent F on January 21, 2013, the deposit amount of the Plaintiff shall be KRW 20,000,000; the down payment of KRW 2,00,000 among them shall be paid on the contractual date; and the remainder shall be paid on January 30, 2013; the lease term was determined from January 30, 2013 to January 30, 2015.
On January 19, 2013, the Plaintiff deposited KRW 2,000,000 in F’s account, which is the contract date, as the deposit money for the said real estate, and transferred KRW 18,00,000 to C on January 26, 2013.
On January 25, 2013, the Plaintiff made a move-in report on the above real estate, and obtained a fixed date in the lease contract on the same day.
In addition, on February 25, 2013, G, who is the Plaintiff’s mother, made a move-in report, and H, who is the Plaintiff’s mother, made a move-in report on August 28, 2013, and on September 9, 2013, H, who is the Plaintiff’s mother, made a move-in report.
B. On the other hand, on September 9, 2005, the Defendants’ claims and auction procedure took place. On the other hand, on the instant real estate, the registration of establishment of the right to collateral security was completed with a maximum debt amount of KRW 300,000,000, and the registration of provisional attachment was completed with a claim amount of KRW 19,405,438 on December 26, 2012; the registration of provisional attachment made by Defendant Samsung Card Co., Ltd. as a creditor; the registration of provisional attachment was completed on January 11, 2013; and on February 8, 2013, Samsung Card Co., Ltd. as a creditor, the registration of provisional attachment made to Defendant Samsung Card Co., Ltd. as a creditor; and the registration of commencement of compulsory auction was completed on February 8, 2013.
Even thereafter, the claim amounting to KRW 387,448,528 on March 15, 2013, the registration of provisional seizure by Defendant National Bank as creditor, the claim amounting to KRW 5,445,260 on May 16, 2013, and the defendant corporation.