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1. The Seoul Southern District Court C and D (Dual) were prepared on September 1, 2016 by the above court with respect to the auction of real estate.
Reasons
1. Facts of recognition;
A. (1) On October 13, 2015, the Seoul Southern Southern District Court C, upon the application of the National Bank, which is a mortgagee, with respect to H apartment 202 Dong 504 (hereinafter “instant housing”) owned by Yangcheon-gu Seoul, F and G (hereinafter “instant housing”), such as the commencement of auction on the instant housing.
(2) The instant housing is composed of four rooms, living rooms, and two toilets with an area for exclusive use by its occupant of approximately 136 square meters.
(3) On November 20, 2014, the Plaintiff is the fourth-class mortgagee with whom the right to collateral security was created, which consists of KRW 84 million with respect to the instant housing as of November 20, 2014.
B. (1) On July 15, 2015, E drafted a lease agreement and the details of payment of deposits, etc. (1) from September 4, 2015 to September 4, 2017, with a fixed term of KRW 30 million from September 4, 2015 to September 4, 2017, and the lease of KRW 50,000,000,000,000,000,000,000,000 from September 4, 2017, to transfer the down payment and rent to the account of the Saemaul Savings Depository (hereinafter referred to as the “SOF”).
(2) On August 1, 2015, E established a lease agreement with Defendant A, setting the lease term of KRW 30 million from September 7, 2015 to September 7, 2017, and KRW 400,000 per month from rent, on condition that the contract deposit and rent are to be transferred to the account of E community credit cooperatives.
(3) On the date of preparation of each of the above lease agreements, Defendant B was residing in Eunpyeong-gu Seoul, and Defendant A was living in Chungcheongnam-gu, and each of the above lease agreements was mediated by the J Licensed Real Estate Agent Office located in Yongsan-gu, Yongsan-gu.
(4) On September 4, 2015, each certificate of confirmation issued by an enterprise bank confirming that the amount of KRW 28 million out of the above lease deposit was remitted to the E community credit cooperative account from Defendant B’s corporate bank account, and on September 7, 2015, the amount of KRW 29 million out of the above lease deposit to the E community credit cooperative account from Defendant A’s Nonghyup Bank account from September 7, 2015.