배당이의
1. A lease contract entered into on July 20, 2017 between the Defendant and Nonparty B on the real estate stated in the separate sheet.
1. Basic facts
A. The Plaintiff’s claim against Nonparty B, etc., filed a lawsuit against the Seoul Central District Court (2017Da5079499) for reimbursement, etc.
On May 15, 2018, the lower court rendered a judgment on May 15, 2018, that “The sales contract concluded on November 21, 2016 with respect to real estate listed in the separate sheet between D and B shall be revoked within the scope of KRW 70,567,165. B shall pay to the Plaintiff the amount calculated at the rate of KRW 70,567,165 per annum from the day following the day this judgment became final and conclusive to the day of full payment” (hereinafter “instant related judgment”), and the said judgment became final and conclusive around that time.
B. 1) B, on November 23, 2016, the real estate indicated in the separate sheet (hereinafter “instant real estate”) as indicated in the instant lease agreement.
A) On November 21, 2016, B completed the registration of ownership transfer on the ground of sale on November 21, 2016. B) around July 20, 2017, B leased the instant real estate to the Defendant with the lease deposit of KRW 20 million and the lease term of KRW 24 months.
(3) The Defendant paid B a lease deposit of KRW 20 million until July 20, 2017, and completed a move-in report on the instant real estate on August 1, 2017, and obtained the fixed date on the same day. (C) The Plaintiff completed a provisional attachment registration on January 23, 2017 on the instant real estate on the following grounds: (a) on January 23, 2017, the Plaintiff filed an application for a compulsory auction on the said real estate with the Suwon District Court (E) for a compulsory auction on the said real estate; and (b) on July 25, 2018, the said court rendered a decision to commence compulsory auction on the said real estate on July 25, 2018.
2) On December 21, 2016, F Co., Ltd. completed the registration of creation of a neighboring mortgage consisting of the debtor B, the maximum debt amount of 93,500,000 won with respect to the instant real estate, and thereafter, the Suwon District Court rendered a voluntary decision to commence the auction on July 18, 2018.