beta
Text
1. A lease contract was concluded on August 3, 2012 between the Defendant and the Seo-gu Incheon Metropolitan City, 120 dong 402.
Reasons
1. Basic facts
A. On December 8, 2011, the National Bank Co., Ltd. (hereinafter “National Bank”) lent KRW 152 million to B (52 million per annum, 5.25% per annum, 15-17% per annum, and 15-17% per annum, 2041) and completed the registration of creation of a mortgage (the maximum bond amount of KRW 182,400,000) to the Seo-gu Incheon Apartment, Seo-gu, Incheon (hereinafter “instant apartment”).
B. On February 2, 2012, the Plaintiff acquired the above loan credit from a national bank to B, and the same year.
8.20. The supplementary registration of the transfer of right to collateral security has been completed on the ground of transfer of confirmed claim.
C. On August 3, 2013, the Defendant entered into a lease contract with the term of KRW 24.5 million from August 16, 2013 to August 15, 2015 (hereinafter “instant lease contract”) with respect to the instant apartment, and obtained the fixed date on the instant lease contract after completing the move-in report on the instant apartment on the 16th day of the same month.
After that, on October 16, 2013, according to the Plaintiff’s request for auction for the enforcement of the right to collateral security, the auction procedure for the instant apartment was commenced on October 16, 2013. On June 25, 2014, on the ground that the Plaintiff was a small lessee on the date of distribution, and on the ground that he was a small lessee on the date of distribution, an objection was raised against the Defendant regarding KRW 16,394,351 out of the amount of dividends against the Defendant (=174,781,401 of the Plaintiff’s claim amount + principal amount of KRW 151,912,966, interest KRW 22,868,435 of the Plaintiff’s claim amount) - The amount of KRW 158,38
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 9, 14, and 15 (including virtual numbers), the purport of the whole pleadings
2. In full view of whether a fraudulent act constitutes Gap's fraudulent act, Gap evidence Nos. 10, 12, and 13 (including paper numbers), the Minister of Court Administration, and the Minister of Land, Infrastructure and Transport's fact-finding results, Eul was in arrears with the total amount of KRW 219,90,90, health insurance premiums, and national pension KRW 178,180, and the plaintiff was in arrears at KRW 151,912,966.