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1. On September 11, 2013, the Defendant and B entered into an agreement with the Seo-gu Seoul Building No. 402.
Reasons
1. Basic facts
A. On August 1, 2011, Nonparty B obtained a loan of KRW 100 million from the Defendant as security the real estate indicated in the order for which the registration of ownership transfer was completed on the same day (hereinafter “instant building”). As to the said building, Nonparty B completed the registration of the establishment of a neighboring mortgage amount of KRW 130 million in the future of the Defendant regarding the said building.
B. On August 30, 2013, B, from the North Incheon National Tax Office, the instant building was subject to the attachment of value-added tax in arrears (as of May 2013, 2013, about KRW 2,1130,000,000) for the instant building, and two weeks have elapsed thereafter.
9. Under the brokerage of the E Licensed Real Estate Agent Office (F), the Defendant entered into a lease agreement of KRW 22,00,000 (200,000,000 on the same day, and 20,000,000 won on the same day) with respect to the above building, and the Defendant completed the move-in report and the fixed date based on the lease on the 16th of the same month.
C. B, immediately after the above lease, lost the benefit of time due to delinquency in payment of the interest during the loan from the beginning of October 2013, and the Plaintiff filed an application for voluntary auction on November 21 of the same year (this Court D) with respect to the instant building.
On October 30, 2014, the execution court distributed 19,194,404 won (including the highest preferential repayment amount of KRW 19 million and non-small amount of KRW 194,404) to the Defendant who applied for the demand for distribution as a small lessee on the date of distribution, which was implemented on October 30, 2014, and 59,852,711 won to the Plaintiff, which is lower than the highest repayment amount.
E. Around the time of the conclusion of the above lease, B bears the Plaintiff’s loan obligation of KRW 100 million of the principal, at least 21 million of the above tax default obligation, and on the other hand, the pertinent building (standard appraisal price: KRW 96 million) that does not fall short of the appropriation of the above debt is not verified.
[Ground of Recognition: Facts without dispute, Gap 1 to 8, 10 evidence, and Eul 1 evidence (including partial number of evidence);