1. The Daegu District Court prepared on May 22, 2019 with respect to the auction case of real estate C, which was prepared by the said court.

Facts of recognition

The Defendant asserted that, on January 4, 2018, the Plaintiff leased the instant loan (hereinafter “the instant lease”) from D to August 16, 2017, the period from August 16, 2017 to August 16, 2018, the period of lease of KRW 15,000,000, and the period of lease of KRW 15,000,000, and the instant lease of the instant loan from D to August 16, 2018 (hereinafter “the instant lease”). The Defendant reported the right to the said lease deposit and demanded the distribution thereof.

The instant loan was sold at the instant auction on April 30, 2019, and this court held that on May 22, 2019, the Defendant asserted that he was a small lessee in the first priority in the distribution procedure for the said sale price on May 22, 2019, hereinafter “the instant dividend table hereinafter referred to as “the instant dividend table”) stating that he distributes the amount of KRW 57,037,261 to the Plaintiff (the mortgagee), who was the mortgagee, in the third priority.

2) On May 2, 2019, the Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection to the whole amount of the Defendant’s dividends. [The grounds for recognition] The Plaintiff did not dispute, and the evidence A Nos. 1 through 5 (which include a serial number; hereinafter the same shall apply).

The Plaintiff’s assertion of the purport of each entry and the entire argument is merely for the purpose of receiving dividends, but merely for false declaration of conspiracy with no substance as a lease agreement, and thus, the Defendant has no authority to obtain preferential payment as a small lessee.

Therefore, the dividend amount of KRW 15,000,000 against the Defendant should be deleted, among the instant dividend table, and the said dividend amount should be distributed to the Plaintiff.

Judgment

Comprehensively taking account of the written evidence Nos. 4, 1 through 3, and 7, and the purport of the entire pleadings, the Defendant prepared the instant lease agreement with D as of August 16, 2017, and reported the transfer of the instant loan to D on August 17, 2017, and obtained a fixed date on the same day, and on August 16, 201, the Defendant’s name was 15,000 in the name of D on August 16, 200.