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1. The lease contract concluded on March 16, 2013 between the Defendant and B shall be revoked.
Reasons
1. Facts of recognition;
A. B purchased real estate listed in the separate sheet (hereinafter “instant real estate”) on March 3, 2008, and completed the registration of ownership transfer on April 30, 2008. On August 22, 2012, 2012, on the instant real estate, B created a collateral security (the mortgagee’s mortgage was changed to the Korea Asset Management Corporation on October 15, 2013) with a maximum debt amount of 132,00,000,000 for the instant real estate as set forth in the separate sheet (hereinafter “instant real estate”). On August 24, 2012, 2012, C created a collateral security (the maximum debt amount of 60,00,000 won with a debtor as D as his spouse, respectively.
B. On March 16, 2013, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with a deposit of KRW 26,00,000, and the period from April 12, 2013 to April 12, 2015 without a rent for the instant real estate between B and B, and completed a move-in report at the same time with a fixed date obtained from the said lease contract on April 12, 2013.
C. B did not have any property other than the instant real estate at the time of concluding the instant lease agreement.
With respect to the instant real estate, following the Plaintiff’s conclusion of the instant lease agreement, the provisional attachment of KRW 90,00,000 for the claim amounting to April 9, 2013; the provisional attachment of KRW 5,346,886 for the claim amounting to May 15, 2013; the provisional attachment of KRW 190,000,000 for the claim amount claimed by the Korea Credit Guarantee Fund on May 16, 2013; and the provisional attachment of KRW 6,37,476 for the Korea Exchange Bank on May 23, 2013.
E. Meanwhile, on October 2, 2012, the Plaintiff entered into a credit guarantee agreement with D with regard to KRW 100,000,000 for loans to the Industrial Bank of Korea, and D lost the benefit of March 22, 2013 due to delinquency in payment of the above interest of the loan, and on May 16, 2013, the Plaintiff subrogated for KRW 91,379,589 to the Industrial Bank of Korea, and B agreed to jointly and severally guarantee all the indemnity obligations against D’s Plaintiff based on the said agreement.
Accordingly, the plaintiff filed the claim of Seoul Central District Court 2013da5074311 with respect to B, and "B" from the above court.