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1. The lease contract concluded on August 21, 2012 between the Defendant and B shall be revoked.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry of Gap evidence 1 to 3, Gap evidence 5, Gap evidence 7, and Eul evidence 1 to 3:
1) Seoul Mutual Savings Bank (hereinafter referred to as "Seoul Mutual Savings Bank");
(B) A loan of KRW 110,00,000 to B around March 24, 2011 at the annual interest rate of 11.2% per annum, and 23% per annum, and to secure this, the real estate listed in the attached list B owned on the same day (hereinafter “instant apartment”).
(2) On September 26, 2013, Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013, and the Plaintiff was appointed as a trustee in bankruptcy under the Depositor Protection Act.
B. 1) As between August 21, 2012 and B, the Defendant drafted a lease contract with the lease deposit amount of KRW 25,000,000 with respect to the instant apartment, from September 17, 2012 to September 16, 2014 (hereinafter “instant lease contract”).
(2) On August 21, 2012, the Defendant: (a) KRW 2,500,000 on August 21, 2012; and (b) the same year.
9. Each remitted KRW 22,500,000 on September 17, 2017. After filing a move-in report on the instant apartment on September 17, 2012, the same day received a fixed date in the said lease contract.
C. 1) On January 16, 2013, at the request of the Plaintiff, who is the first collateral security right, with respect to the instant apartment, the procedure of voluntary auction to Incheon District Court Branch C (hereinafter “instant voluntary auction procedure”) (hereinafter “instant voluntary auction procedure”).
(2) The Plaintiff filed a claim for distribution of the lease deposit amount of KRW 25,00,00,00 as a creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claim amounting to KRW 110,00,000, interest amounting to KRW 42,48,967, totaling KRW 152,48,967.2) The Defendant filed a claim for distribution of the lease deposit amount of KRW 25,00,000 with the executing court in the instant voluntary auction procedure.
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