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1. The lease agreement entered into on January 3, 2015 between the Defendant and B shall be revoked.
Reasons
1. Basic facts
A. On February 23, 2015, with respect to the real estate listed in the attached list No. B (hereinafter “the apartment of this case”), the procedure for the auction of real estate was initiated on February 23, 2015 upon the request of the Plaintiff, who is the mortgagee.
B. On November 25, 2015, a court of execution prepared a distribution schedule in which the remaining amount of KRW 285,806,019 is distributed to the Plaintiff, a mortgagee, at the order of priority 18,000,000,000 won and 2, which are the lessee of small claims, at the order of priority 1,302,240, and 3, at the time of Kimpo-si, a general tax payer, at the order of priority 2,127,00,00 won and 264,376,779, which are the mortgagee, at the time of Kimpo-si, a general tax payer.
C. On November 25, 2015, the Plaintiff appeared on the date of distribution and raised an objection to the entire amount of distribution to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The time when the Defendant entered into a lease agreement with B is the most lessee in light of the following circumstances: (a) the lease agreement between B and the Defendant was concluded on January 3, 2015, which was not later than one month from December 9, 2014, which lost the benefit of time due to the delinquency in payment of the loan against the Plaintiff; (b) the lease agreement between B and the Defendant was concluded without brokerage by a licensed real estate agent; (c) the lease deposit was considerably low compared to the general market price; and (d) whether the Defendant paid the lease deposit, monthly rent to B; and (e) the lease agreement was concluded even if multiple attachment, provisional attachment, and collateral security was anticipated due to the establishment of auction in the instant apartment; (b) even if the Defendant is not the most lessee, the lease agreement between B and the Defendant ought to be revoked as a fraudulent act for which the Defendant granted the highest repayment right
B. The place where the Defendant’s assertion 1-month pregnancy was rapidly 8 months.