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1. The lease contract concluded on August 1, 2013 between the defendant and B shall be revoked.
Reasons
1. Basic facts
A. On January 21, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) in order to secure a loan to a stock company (hereinafter “foreign company”).
B. On August 1, 2013, the Defendant leased the instant real estate from the foregoing B by setting the lease deposit of KRW 10 million, monthly rent of KRW 400,000,000 as of August 1, 2015 (hereinafter “instant lease contract”), and completed the move-in report on the instant real estate on October 8, 2013.
C. On December 12, 2013, at the request of the Korea Credit Guarantee Fund, there was a decision to commence compulsory auction C with respect to the instant real estate on December 12, 2013.
In the above case of compulsory auction, on September 4, 2014, the court of execution prepared a distribution schedule with the content of distributing the amount of KRW 10 million to the Defendant, who is a lessee of small claims, in the first order from the date of distribution on the date of distribution, and the amount of KRW 86,008,405 to the Plaintiff, who is a mortgagee, in the fourth order. The Plaintiff appeared on the above date of distribution, and stated an objection against the said dividends, and thereafter filed a lawsuit of demurrer against distribution on September 11, 2014, one week thereafter.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. The first priority repayment right under Article 8 of the Housing Lease Protection Act, which determines the cause of the claim, grants a kind of statutory secured right that can be repaid in preference to claims secured by mortgages, taxes, etc. on the leased house. Therefore, the debtor's act of setting the right of lease under the above Article on the only house owned by the debtor in excess of the debt constitutes an act of offering collateral in excess of the debt, which causes a decrease in the debtor's whole property, and therefore the act of establishing the right of lease is revoked.