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1. The lease contract concluded on December 4, 2012 between the Defendant and B shall be revoked.
Reasons
1. Basic facts
A. On November 29, 2010, B borrowed KRW 125,000,000 from the Plaintiff, on November 29, 2010, the mortgage creation B completed the registration of the establishment of a neighboring mortgage of KRW 162,50,000 with respect to the real estate listed in the attached list (hereinafter “instant real estate”).
B. (1) The Plaintiff filed an application for a voluntary auction of real estate with the Incheon District Court C as to the instant real estate, as it was unable to obtain the repayment of the principal and interest of the loan from B, and the decision to commence the auction of the instant real estate was rendered on April 10, 2013 (hereinafter “instant auction procedure”).
(2) On December 4, 2012, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate between B and B by setting the lease deposit amount of KRW 20,000,000 and the period from December 30, 2012 to December 30, 2014, and filed a report on the right and demand for distribution with the court of execution by asserting that the move-in report was completed on December 21, 2012.
(3) On March 21, 2014, the executing court: (a) determined on March 21, 2014 that the Defendant is a small lessee under the Housing Lease Protection Act; (b) prepared a distribution schedule that distributes KRW 20,00,000 to the Defendant; and (c) the Plaintiff each of the dividends to the Plaintiff (hereinafter “instant distribution schedule”); and (d) the Plaintiff stated an objection against the entire amount of dividends on the date of distribution.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 4-1 to 3, Gap evidence 6-1, 2, Eul evidence 1, and the purport of the whole pleadings
2. Determination as to the claim for revocation of a fraudulent act
A. The first priority repayment right of small-sum deposit under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be paid in preference to claims secured by mortgages and taxes on leased housing. Therefore, the debtor is liable in excess of his/her obligation.