beta
Text
1. It was prepared by the same court with respect to the case of compulsory auction (H) by G real estate in Incheon District Court (H) on December 26, 2018.
Reasons
1. Facts of recognition;
A. On April 10, 2018, Incheon Gyeyang-gu International Apartment Jho (hereinafter “instant real estate”), a decision to commence compulsory auction was rendered to G with the Incheon District Court G on April 10, 2018.
(hereinafter “instant auction procedure”). B.
1) At the time of February 5, 200, the Plaintiff and Nonparty L, the owner of the instant real estate, entered into a lease agreement with the terms of 15,00,000 won for the lease deposit, and 36 months for the lease term. The Plaintiff completed the move-in report of the instant real estate on March 20, 200. Meanwhile, with respect to the instant real estate, Nonparty K completed the registration of ownership transfer on the grounds of sale as of November 14, 2016, and the Plaintiff and Nonparty L, the owner of the instant real estate on November 10, 2016, entered into the lease agreement with the terms of 20,00,000 won for the lease deposit (contract deposit amounted to 10,000,000 won, 10,000,000 won), 25,000,000 won for the lease agreement with the fixed date of 21,204,000 won for the lease agreement.
C. The Plaintiff, as a small lessee who entered into the instant lease agreement with respect to the instant real estate, was demanding the distribution. However, the said court distributed KRW 5,317,789 to the Defendant Credit Guarantee Fund, KRW 3,960,569 to Defendant C Co., Ltd., KRW 20,342,454 to Defendant F Co., Ltd, KRW 20,342,454 to Defendant Korea Asset Management Corporation, and KRW 2,685,59 to Defendant Korea Asset Management Corporation, respectively, and drafted a distribution schedule (hereinafter “instant distribution schedule”).
On the date of the above distribution, the Plaintiff raised an objection against KRW 3,409,678 out of the amount of dividends to the Defendant Credit Guarantee Fund, KRW 2,484,469 out of the amount of dividends to Defendant C Co., Ltd., KRW 12,466,354 out of the amount of dividends to Defendant F, and KRW 1,639,49 out of the amount of dividends to Defendant Korea Asset Management Corporation, and up to one week from January 2, 2019.