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1. The lease contract concluded on June 29, 2015 between the Defendant and C shall be revoked.
Reasons
1. Basic facts
A. On October 15, 2014, the Plaintiff lent KRW 60,000,00 to C, and completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) that constitutes the maximum amount of KRW 60,000,000,000 with respect to the real estate listed in the separate sheet listed in C (hereinafter “instant apartment”).
B. On June 29, 2015, the Defendant entered into a lease agreement between C and the instant apartment (hereinafter “instant lease agreement”) with the term of lease two years (by June 28, 2017) and the term of lease deposit 30,000,000 (hereinafter “instant lease agreement”); completed the move-in report on the same day; and completed the move-in report on the instant lease agreement on July 24, 2017.
(c)
As to the apartment of this case on December 18, 2013, the creditors E association, debtor C, and the maximum amount of claims 88,400,000 was established, registration of the establishment of the right to collateral security was made on December 18, 2013 with respect to the apartment of this case. The creditor Gyeonggi Credit Guarantee Foundation, claim amounting to 27,50,005 provisional seizure, etc. was issued on August 9, 2017 by the Jung-gu District Court No. 29321, which was received on August 9, 2017; the creditor F, claim amounting to 7,306,341 provisional seizure, etc. was issued on November 13, 2017 by the creditor F, claim amounting to 7,306,341 provisional seizure, etc.; the seizure period, such as the right to collateral security was completed on May 24, 2018 by the same registry office as the creditor No. 26371,826, Aug. 21, 27167, 2018.
(d)
E, a creditor of C, voluntarily applied for an auction on the instant apartment, and there was a decision to voluntarily commence an auction on December 20, 2018 (hereinafter “instant auction procedure”). E, the appraised value of the instant apartment was KRW 98,00,000 as of December 31, 2018, and sold KRW 80,380,000 during the instant auction procedure.
The District Court of Speaker's District in January 31, 2020 won 14,00,000 won out of the amount to be actually distributed on the dividend date of the auction procedure of this case conducted on January 31, 202.