1. The Daegu District Court prepared on March 27, 2019 with respect to the auction case of real estate C, which was prepared by the said court.

Facts of recognition

The Defendant, on March 27, 2019, leased the instant loan from D during the period from September 6, 2017 to September 5, 2019, on the following grounds: (a) the Plaintiff filed a report on the right to lease deposit and demand for distribution: (b) the instant lease deposit in the instant case of the auction of real estate rent (hereinafter “auction of this case”) with the court against the E Building F (hereinafter “instant”) of the building D (hereinafter “D”); and (c) the Defendant filed a report on the right to lease deposit and demand for distribution.

The instant loan was sold at the instant auction on February 28, 2019, and this Court held that on March 27, 2019, the Defendant asserted that he was a small lessee in the first priority in the distribution procedure for the said sale proceeds, 15,000,000, and 3rd priority in the distribution procedure for the said sale proceeds, 52,661,90 won each of the dividends dividends to the Plaintiff, a mortgagee (120,593,667 won).

(1) On March 27, 2019, the Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection to the entire amount of dividends of the Defendant. [The grounds for recognition] There is no dispute, and evidence A Nos. 1 through 5 (which include the number of branch numbers; hereinafter the same shall apply).

The Plaintiff’s assertion of the purport of each entry and the entire argument is merely for the purpose of receiving dividends, but merely for false declaration of conspiracy with no substance as a lease agreement, and thus, the Defendant has no authority to obtain preferential payment as a small lessee.

Therefore, the dividend amount of KRW 15,000,000 against the Defendant should be deleted, among the instant dividend table, and the said dividend amount should be distributed to the Plaintiff.

Judgment

Comprehensively taking account of the written evidence Nos. 5, 1, and 2 and the overall purport of the pleadings, the fact that the Defendant completed the instant lease agreement with D as of September 6, 2017 and received the fixed date on the same day when the Defendant reported the transfer of the instant loan to D on September 6, 2017, and that KRW 15,000,000 was remitted in the name of the Defendant’s mother G on the same day.