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1. It was drawn up by the above court on April 10, 2014 with respect to the senior auction case of real estate C in Gyeyang-gu District Court.
Reasons
1. Basic facts
A. On November 22, 2010, the Defendant entered into a lease agreement with D, which sets the lease deposit amount of KRW 130 million, and from May 30, 201 to May 29, 2013, the lease deposit amount of KRW 130,000,000, and the lease deposit amount of KRW 130,000,000,000,000, which was owned by the Plaintiff (hereinafter “instant lease agreement”) and resided in the said housing after paying the lease deposit.
B. The Pakistan Livestock Cooperative, the mortgagee of the instant real estate, filed an application for an auction of the fact of real estate rent regarding the instant real estate with the Gangwon-do District Court Goyang Branch C, and the procedure was commenced. The said court, on April 10, 201, prepared a distribution schedule to distribute the amount of KRW 363,706,692 out of KRW 468,264,901, which is the amount to be actually distributed to the Pakistan Livestock Cooperative, and the remainder of KRW 104,58,209, which is the lessee of the instant real estate, to the Defendant participating in the distribution as the lessee of the instant real estate.
C. On April 15, 2014, the Plaintiff appeared on the aforementioned date of distribution and stated an objection to the whole amount of distribution to the Defendant, and filed the instant lawsuit on April 15, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 2-1 to 18, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s Defendant leased the instant real estate from D without the right to lease the instant real estate and cannot be deemed a lawful lessee, the amount of dividends to the Defendant out of the instant distribution schedule shall be deleted, and such amount shall be distributed to the Plaintiff, the owner of the instant real estate.
B. Defendant 1) As the Plaintiff conferred management authority, including the right to represent the instant real estate lease agreement, purchased with D through joint investment with D, D had the power to enter into the instant lease agreement on behalf of the Plaintiff at the time of entering into the instant lease agreement. 2) Even if D had the right to enter into the instant lease agreement.