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1. Revocation of a judgment of the first instance;
2. Ulsan District Court C with respect to the case of the voluntary auction of real estate, the above court on March 2015.
Reasons
1. The court's explanation on this part of the basic facts is the same as the part of the "1. Basic Facts" among the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. The plaintiff asserted that the parties concerned is merely the most lessee who entered into the instant lease agreement with the defendant in collusion with E with the intent to receive dividends in preference to the plaintiff, who is the right to collateral security, and there is no right to receive dividends in the instant auction procedure. Thus, the part regarding the distribution of dividends to the defendant among the instant distribution schedule is unlawful, and the total amount of dividends to
On February 27, 2013, the Defendant: (a) leased one room among the instant apartment units from E in KRW 20,000,000; (b) concluded a lease contract with the deposit of KRW 30,000,000 on May 30, 2014; and (c) concluded a lease contract with the deposit of KRW 30,000,000; and (d) paid the increased amount of KRW 10,000.
B. Determination 1) The following facts can be acknowledged in full view of Gap evidence Nos. 2 through 5, Eul evidence Nos. 1, 3, 4, 5, 11, and 13 (including various numbers), and the testimony and the whole purport of the pleadings by witnesses E of the first instance trial. Defendant and E drafted a lease agreement as of May 30, 2014. The real estate indication of the above lease agreement is “Ulsan-dong-gu FA/102, lease deposit(s)”, “30,000,000 won for lease deposit(s)”, and “the duration” from May 30, 2014 to May 30, 2016 to May 30, 2016.
(2) On July 4, 2014, the Defendant obtained a fixed date in the instant lease agreement.
B) On February 27, 2013, the Defendant remitted KRW 20 million to the account in the name of E, and KRW 10 million on July 4, 2014, the Defendant transferred KRW 10 million to the account in the name of E. (C) on April 21, 2014, from Ulsan-gu G and Ulsan-gu G and 103 Dong 605 (H apartment) to the spouse J.