beta
Text
1. The part against Defendant B in the judgment of the first instance shall be revoked;
2. Both the Plaintiff’s selective claims against Defendant B.
Reasons
1. Basic facts
A. On March 9, 2011, the Plaintiff entered into a loan transaction agreement and mortgage creation 1) with C on the following grounds: (a) the Plaintiff loaned KRW 38,00,000 at a floating interest rate; (b) each loan transaction agreement with the Plaintiff to lend KRW 50,000 at the same interest rate; and (c) the Plaintiff entered into a loan transaction agreement with the Plaintiff on March 15, 2011, with the maximum debt amount of KRW 49,40,000 as to the E-real estate owned by C to secure the above loan claim; and (b) on March 24, 2011, the registration of creation of a mortgage with the maximum debt amount of KRW 65,00,000 as to the G real estate owned by C to secure the loan claim.
B. Defendant A’s lease contract was concluded between Defendant A and F on March 18, 2011, for sale of real estate E, and on March 23, 201, the registration of ownership transfer was completed with respect to E real estate to F on March 23, 2011. (2) Defendant A entered into a lease agreement with F on May 30, 201, setting the lease deposit amount of KRW 12,000,000, and the lease term of KRW 11 year from June 1, 201 to June 1, 2012.
3) Defendant A paid KRW 2,00,000 as down payment on May 30, 201, and KRW 10,000,000 from June 7, 201, respectively, to I represented by F. C. Defendant B entered into a lease agreement between Defendant B and C on March 30, 2011 with a lease deposit of KRW 25,00,000,000, and the lease term of KRW 25,000,00 from April 7, 2011 to April 7, 2013.
2) Defendant B paid C the remainder of KRW 24,00,000 on March 31, 201, and April 7, 2011, respectively. Defendant B completed the move-in report on the same day after obtaining the fixed date on April 21, 2011.
1) On August 14, 2014, the Plaintiff filed an application for the instant voluntary auction simultaneously with respect to E real estate and G real estate on August 14, 2014. 2) The auction court in the distribution procedure among the voluntary auction procedure commenced accordingly, and Defendant A as a small lessee of E real estate, and Defendant A as a small lessee of E real estate.