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1. A lease contract concluded on September 11, 2013 between the defendant and the non-party B on the real estate stated in the separate sheet between the defendant and the non-party B is 13,105.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1-1, 2, 2, 2, 3, 6, and 11-2:
On April 9, 2009, Nonparty B borrowed KRW 97 million from the Plaintiff, and on the same day, borrowed KRW 116,400,000 from the Plaintiff as the maximum debt amount, KRW 116,40,000, and KRW 25,000 from the Korea Savings Bank (hereinafter “Deposit Bank”) on August 3, 201, with respect to the instant apartment, Nonparty B borrowed KRW 97,00,000 from the Plaintiff, and completed the registration of establishment of a mortgage with respect to the instant apartment from the Korea Savings Bank as the debtor, B, and the Korea Savings Bank, respectively.
B. As of September 11, 2013 between B and the Defendant, the lease deposit amount of KRW 22 million and the term of lease from September 11, 2013 to September 11, 2015 shall be from September 201, 201, under the brokerage of F of the office of licensed real estate agents of the Nam-gu Incheon Metropolitan City office of the third-class Incheon Metropolitan City D 3rd floor E Licensed Real Estate Agent, and the term of lease shall be from September 11, 2013 to September 11, 2015. The current status of the registry of the apartment of this case was confirmed, the contract was entered into, and the deposit was to be disposed of simultaneously with the contract, and the Defendant completed the move-in report of this case with the fixed date
C. On March 2014, the Plaintiff filed an application with this Court C for a discretionary auction of real estate based on the foregoing right to collateral security.
7. The auction procedure was commenced, and thereafter the apartment of this case was sold to G on October 2, 2014.
The above execution court distributes the amount of KRW 20,000,000 to the Defendant, who is the lessee of small claims, among the amount to be actually distributed on the date of distribution opened on November 12, 2014, and KRW 95,211,937 to the Plaintiff, who is the applicant creditor, as the applicant creditor, respectively (the report of KRW 108,317,531).