beta
Text
1. The Defendant and B concluded on January 19, 2012 with respect to No. 103 of the 1st floor, Seocheon-si, Nowon-gu, Seoul.
Reasons
1. Facts of recognition;
A. On March 30, 201, the Plaintiff completed the registration of the establishment of a neighboring mortgage (No. 57,200,000 won) with respect to the first floor No. 103 (hereinafter “instant housing”) of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, the Plaintiff leased KRW 44,00,000 to B around that time.
B. On April 25, 2002, prior to the completion of the Plaintiff’s registration of creation of a mortgage on the instant housing, the registration of creation of a mortgage (No. 49,200,000 won with a maximum debt amount of 49,20,000 won) was completed, and on June 18, 2009, the registration of creation of a mortgage (No. 22,80,000 won with a maximum debt amount of 22,80,000 won with a maximum debt amount of 22,80,000 won with respect to the instant
C. In addition, on December 12, 201, after the completion of the Plaintiff’s registration of creation of a neighboring mortgage on the instant housing, the provisional attachment registration (No. 90,000,000 won, No. 3) by the creditor Korea Technology Credit Guarantee Fund (the claimed amount) was completed, and on January 13, 2012, the provisional attachment registration by the creditor of the Industrial Bank of Korea (No. 10,11,305 won, and No. 4) was completed.
On January 19, 2012, the Defendant entered into a lease contract with a deposit of KRW 19,00,000 for the instant housing (hereinafter “instant lease contract”). The Defendant paid the down payment of KRW 1,00,000 on the day of the contract to B, and the remainder of KRW 18,00,000 on February 3, 2012, respectively, and on the same day, after having obtained a fixed date and completed the move-in report with the said lease contract, he/she has taken over the instant housing from B and has resided until now.
E. At the time of entering into the instant lease agreement, the sale price of the instant housing, which was the only property in B at the time of entering into the instant lease agreement, was the lower limit of KRW 130 million, and the upper limit of KRW 150 million.
F. On March 5, 2012, at the request of the Korea Standards Bank, the auction procedure was commenced in relation to the instant housing as D in this Court. On December 26, 2012, the Defendant received KRW 19,000,000 as a small lessee, and the Plaintiff received KRW 27,779,941 in the order of priority as a mortgagee.