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1. On May 21, 2015, with respect to the Jeonju District Court Assistance J and K (Joint) real estate auction cases, the above court shall have jurisdiction over the auction cases of real estate.
Reasons
1. Basic facts
A. On November 30, 2010, L entered into a joint collateral creation agreement with the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”) on each real estate listed in the separate sheet (hereinafter “the instant real estate”), whereby the maximum debt amount is KRW 1,430,000,000,000 and the person holding the right to collateral security, with respect to each real estate indicated in the separate sheet, L signed a joint collateral creation agreement with the Jeonbuk Bank, and completed the registration of establishment of the right to collateral security (hereinafter “the instant right to collateral security”) under the name of the Jeonbuk Bank (hereinafter “the Jeonbuk Bank”).
B. The former North Korean bank filed an application for a voluntary auction of real estate with the competent district court of Jeonju as L did not pay back the secured obligation of the foregoing collateral, and accordingly, the said court rendered a voluntary decision to commence the auction on April 9, 2014.
C. On December 29, 2014, the Jeonbuk Bank transferred claims against L to the Plaintiff, and notified L of the assignment of claims.
On February 2, 2015, the Plaintiff completed the registration of transfer of the right to collateral security in the future of the Plaintiff on the grounds of the assignment of the above credit.
In the above voluntary auction procedure, the above court prepared a distribution schedule on May 21, 2015, and prepared a distribution schedule (hereinafter “instant distribution schedule”) to distribute KRW 14,00,000 to Defendant H, G, B, C, D, F, etc., each of which is a small lessee under the Housing Lease Protection Act, and Defendant I distributed KRW 7,00,000 to Defendant A, KRW 5,000,000 to Defendant E, and KRW 8,00,000,00 to Defendant E, respectively, with the fourth priority, to distribute KRW 1,078,501,007 to the Plaintiff (hereinafter “instant distribution schedule”).
(2) The creditors with the second and third priority are paid the total amount of claims, respectively).
On the same day, the Plaintiff raised an objection against the dividend amount to the Defendants, and filed the instant lawsuit on May 27, 2015.
E. Defendant H, G, I, C, E, and F leased part of the real estate of this case as indicated in paragraph 5 of the attached Table among the real estate of this case, each lease deposit and overdue rent are as listed below.
The remainder of the deposit for the lessee, the monthly rent for the lease of which has been delayed (monthly), the dividends of the deposit for the remainder of the overdue rent (cost) shall be H H 15,00.