배당이의
1. A lease contract concluded on December 29, 2012 between the Defendant and Nonparty B regarding the real estate indicated in the separate sheet was concluded between the Defendant and Nonparty.
1. Basic facts
A. On July 15, 201, the Plaintiff loaned KRW 40 million to B at an interest rate of 7.41%, and at an overdue interest rate of 18%. On July 11, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which causes maximum debt amount of KRW 52,00,000, as to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”).
B. On December 29, 2012, the Defendant entered into a lease agreement with Nonparty B and the instant real estate (hereinafter “instant lease agreement”) stating that the lease deposit shall be KRW 22,00,000,000, monthly rent of KRW 600,000, and the term of February 27, 2015, with respect to two rooms, including the inner bank, among the instant real estate, until the lease deposit shall be paid KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
C. At the time of entering into the instant lease agreement, the apartment house of KRW 220,00,00 in total amounting to 220,000,000,000,000 in the instant apartment house. However, the small property was a debt of KRW 302,034,377, the debt of KRW 40,000 against the Plaintiff, the debt of KRW 162,00,000 to the Korean Housing Finance Corporation, the debt of KRW 6,375,00,00 for Ga Card, the debt of KRW 1,780,00 for Samsung Card, the debt of KRW 2,00,00 for Samsung Card, and the debt of KRW 514,189,377,00 for the new card (= the debt of KRW 302,034,770,000,000 for KRW 16,000,000 for KRW 78,000.
On September 3, 2013, the Korea Housing Finance Corporation filed an application for voluntary auction on the instant real estate with the District Court C (hereinafter “instant auction procedure”) on September 3, 2013, and rendered a decision of voluntary auction on September 4, 2013.
E. The balance of the Plaintiff’s loan to B is KRW 43,937,440,00 as of September 13, 2013, including the principal of KRW 40,00,00, interest of KRW 1,917,690, other incidental expenses, and KRW 2,019,750.
F. On November 22, 2013, the Defendant leased the instant real estate at KRW 22 million in the instant auction procedure.