배당이의
1. The lease contract concluded between the defendant and C shall be revoked.
2...
1. Basic facts
A. On January 201, 201, the Plaintiff was sentenced to: (a) lending KRW 80 million to C (hereinafter “C”) and thereafter continue monetary transactions; (b) on April 30, 2014, Incheon District Court Decision 2014Gahap50957, that “C shall pay to the Plaintiff the amount calculated at the rate of KRW 150 million per annum from February 22, 2014 to the date of full payment.”
B. Meanwhile, on November 15, 2014, the Defendant, on the other hand, leased to C the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 20 million, monthly rent of KRW 600,000,000, and the lease period from December 10, 2014 to December 9, 2016. As a special agreement, the Defendant paid the monthly rent from the following month when two provisional seizures in the copy of the register were cancelled due to the cancellation of the provisional seizures indicated in the special agreement.
(hereinafter “instant lease agreement”). C.
At the time of November 15, 2014, the copy of the register of the instant real estate entered that C purchased the instant real estate in KRW 220 million on October 29, 2013, and the Plaintiff’s provisional attachment registration of KRW 230 million as of January 7, 2014, and the provisional attachment registration of KRW 58,135,939 as of July 22, 2014 was completed.
In addition, on April 18, 2007, the registration of the establishment of a neighboring bank to the debtor F and the mortgagee Co., Ltd. was completed on April 21, 2014, and the registration of the establishment of a neighboring mortgage to the debtor C and the mortgagee G, respectively.
As to the instant real estate, New Bank Co., Ltd. filed a motion for a voluntary auction of real estate with D in this Court on the basis of the foregoing right to collateral security, and this Court rendered a decision to commence voluntary auction on March 9, 2015.
(hereinafter the above auction procedure is “instant auction procedure”). E.
In the auction procedure of this case, the defendant reported a right as a lessee and demanded a distribution.
(f) This Court was conducted on November 30, 2015.