배당이의
1. Of the distribution schedule prepared on November 29, 2017 with respect to the auction case of C real estate in this Court, the above court is against the defendant.
1. Facts of recognition;
A. On April 11, 2016, the Plaintiff granted a loan of KRW 55,500,000 to D, as security, set the right to collateral security of KRW 100,000,000,000 to the F building G in the name of Cho-dong, Busan, the actual owner of which was registered, (hereinafter “instant building”) on the 12th of the same month.
B. D, without authority, prepared a real estate lease agreement prepared in advance around April 2016, which was prior to the receipt of the said loan, as “17th floor G of the F building in Busan Metropolitan City,” “F building 17th floor,” “10,000,000,000, in the column of location without authority by means of a computer,” “17th floor G of the F building in Busan Metropolitan City,” “F building 10 million won per gold (e.g., 3,000,000),” the down payment (e.g., g., 7,000,000) and “the remainder” (e.g., g., g., the lessee’s address), in the city of Busan Metropolitan City, Busan, the name “J”, and the
After that, on April 11, 2016, the above real estate lease contract was completed and delivered to the plaintiff who is unaware of the fact that it was duly formed.
In addition, on April 12, 2016, D and E prepared a letter of commitment that the Plaintiff would be held liable for all civil and criminal responsibilities if the Plaintiff, as the content of the lease agreement written without authority as above, did not have the lease deposit of KRW 10 million, monthly rent of KRW 400,000,000.
C. Meanwhile, the defendant was above B.
Unlike the contents of the lease agreement, on January 21, 2016, the instant building was occupied by leasing and possessing KRW 65 million as the lease deposit, and completed the move-in report on January 29, 2016 after obtaining a fixed date and completing the move-in report on April 6, 2016. However, in the course of investigating and confirming the collateral value of the instant building on April 13, 2016 by the Plaintiff, the Defendant was contrary to the fact that the Plaintiff was the Plaintiff.
This case's building is leased in KRW 10 million, monthly rent of KRW 400,000,000.