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1. Revocation of a judgment of the first instance;
2.As to the auction auction of real estate C and D (Dual) in the House Government District Court.
Reasons
1. Facts of recognition;
A. On August 5, 2013, the Defendant concluded a lease contract and move-in report (hereinafter “instant apartment”) with E, 1203 Dong 303 (hereinafter “instant apartment”).
F) A lease agreement with the owner from August 12, 2013 to August 17, 2015 (hereinafter “instant lease agreement”) as to F and lease deposit KRW 22,00,000,00, and the term of lease.
(2) Upon completion of the marriage report on December 24, 2013, the Defendant and the JJ transferred KRW 2,00,000 to the F account opened in the Agricultural Cooperatives on August 5, 2013, and remitted KRW 20,000,000 to the Defendant’s name account opened in the National Bank on August 11, 2013, and the Defendant transferred the said KRW 20,000,000 to F on August 12, 2013.
3) As to the instant apartment at the time of the instant lease agreement, the following mortgage, provisional attachment, or attachment was established, and the Defendant also concluded the instant lease agreement after verifying the details thereof. On November 2, 2012, the owner of the right to the instant apartment on the date of establishment, the amount of KRW 187,200,000 as the maximum debt amount of Samsung Life Insurance Co., Ltd. as of June 19, 2013 is transferred to the Korea Housing Finance Corporation as of June 19, 2013. On April 1, 2013, the Defendant completed the instant move-in report from the Korea Housing Finance Corporation’s office with the maximum debt amount of KRW 10,477,787 as of February 20, 2013, KRW 80,000,000 as the maximum debt amount of the instant apartment on April 22, 2013, the Defendant completed the move-in report from the Korea Housing Finance Corporation’s office having jurisdiction over the date of attachment.
B. 1) As to the instant real estate, the Plaintiff, the mortgagee of the right to collateral security, received a decision to voluntarily commence the auction on November 1, 2013, and the Korea Housing Finance Corporation, the mortgagee of the right to collateral security, respectively, and received a decision to voluntarily commence the auction on November 15, 2013 from the same court D., and C and D (a double auction of real estate).