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1. Revocation of a judgment of the first instance;
2. B Real estate B, a compulsory auction, C (Dual) in the Incheon District Court.
Reasons
1. Basic facts
A. On February 18, 2011, the Plaintiff completed the registration of creation of a mortgage (hereinafter “instant building”) with respect to the F Nos. 401, 403, 538,200,000 (hereinafter “the maximum debt amount”).
B. On February 11, 2012, the Defendant entered into a contract to lease the instant building from D with a deposit of KRW 50 million and KRW 1 million in monthly rent (hereinafter “instant lease contract”) and received a fixed date on April 2, 2012, and filed a move-in report.
C. On August 31, 2012, the decision to commence compulsory auction was issued on August 31, 2012 with respect to the instant building, and the decision to commence voluntary auction was rendered on October 11, 2013 as the above father-Support C.
On October 5, 2012, the Defendant: (a) made a demand for distribution of the deposit amount of KRW 50 million as a lessee at the above auction procedure; (b) on January 24, 2014, the said court made, in the auction procedure, a distribution schedule in which the Defendant distributes the amount of KRW 22,00,000 to the Defendant, and KRW 307,665,410 to the Plaintiff (hereinafter “instant distribution schedule”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number, hereinafter the same shall apply) and the purport of whole pleadings
2. In full view of the above facts and the evidence as to the cause of the claim, and the above facts, Gap evidence Nos. 5, Eul evidence Nos. 2, 3, 5, 6, and 9, together with the entries in Eul evidence No. 2, 2, 3, 5, 6, and 9, and the results of the order to submit financial transaction information to the foreign exchange bank by the court of first instance to the foreign exchange court, as well as the overall purport of arguments, the lease contract of this case is a false agreement made between the defendant and D, and the defendant does not constitute a small lessee who has the right to preferential payment as the most lessee. Thus, the amount of 22,00,000,000 won against the defendant among the distribution schedule of this case shall be adjusted to 0,000 won, and the amount of 307,6
① The instant building shall be divided into four partitions, and the section for exclusive use shall be 146.