배당이의
1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.
Seoul Eastern District Court E.
1. Facts recognized;
A. (1) On May 25, 2011, Defendant C completed the registration of creation of a neighboring mortgage with regard to the real estate listed in the Attachment No. F owned on May 25, 201 (hereinafter “instant housing”) as follows: (a) the maximum debt amount is KRW 175,200,000; (b) the debtor is F; and (c) the mortgagee is the mortgagee C.
(2) On May 26, 201, Defendant C concluded a loan agreement with F to establish the secured claim of the right to collateral security stated in paragraph (1) (hereinafter “instant loan agreement”) by setting the loan amount of F and the loan amount of KRW 146,00,000, the expiry date as “5.26,” and the overdue interest rate of KRW 21% per annum” (hereinafter “instant loan agreement”) and lent Defendant C’s claim against F under the instant loan agreement as the principal and interest amount of KRW 146,00,000 to F.
B. On September 19, 201, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with F as “130,000,000 won” with respect to the instant housing, and the term of the lease was “from September 30, 2011 to September 29, 2013” (hereinafter “the instant lease agreement”, and the document stating the terms of the contract was “the instant lease agreement”) and paid F the down payment of KRW 10,00,000,000.
(2) On September 30, 201, Defendant B paid the remainder of KRW 120,00,000 out of the lease deposit to F, and received the instant house from F, and thereafter resided in the instant house with G, etc., one of his female residents, around that time.
On the other hand, Defendant B made a move-in report at the competent Dong office on September 30, 201, and obtained a fixed date in the instant lease agreement.
(3) Around November 14, 2011, Defendant B demanded repair on the instant house with water sniff and mycosing, but did not comply with the demand.
'The reason is that F will terminate the instant lease contract for this case.
(4) Defendant B, May 11, 2012, as Seoul East Eastern District Court Decision 2012Kadan4052, F, as Seoul Eastern District Court Decision 130.