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1. The defendant shall pay 83,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Basic facts
A. C’s real estate acquisition process: (a) among multi-households listed in the separate sheet (hereinafter “instant building”); (b) as to the portion on June 20, 2008 58.31/51, 201; (c) as to the portion on February 23, 201 124.58/29.51, 201; and (d) as to the portion on June 4, 2012 116.62/51, each registration of ownership was completed.
B. On June 26, 2012, between the Plaintiff and C, the Plaintiff entered into a lease agreement with the term of 83 million won or from July 16, 2012 to July 16, 2014 with respect to 102 among the instant building, and entered into the said lease agreement with the term of 83 million won or from July 16, 2012, and obtained a fixed date on the said lease agreement on June 28, 2012, and completed the move-in report to the instant building on July 19, 2012, and thereafter possess it up to the present date.
C. On December 17, 2010, the auction process of the instant building (1) C and D completed the registration of creation of a collateral security right (hereinafter “registration of a collateral security right”) with respect to the portion of 116.62/1, 299, out of the instant building, KRW E and the maximum debt amount of KRW 50 million. On January 11, 2013, C completed the registration of establishment of a collateral security right (hereinafter “registration of a collateral security right”) around the F and the maximum debt amount of KRW 90 million with respect to the entire building of the instant building.
(2) On January 14, 2013, E obtained a decision to commence voluntary auction from the Seoul Central District Court G based on the registration of the right to collateral security, and conducted an auction procedure on the portion of 116.62 out of the instant building. H completed the registration of ownership transfer on the ground of sale by voluntary auction on December 30, 2013 (the Plaintiff applied for dividend in the above voluntary auction procedure, but did not receive dividends at a later time than the registration of the right to collateral security), and the registration of the right to collateral security was completed on the ground of the sale by the said voluntary auction. The registration of the right to collateral security was completed with the share of 182.89 out of the instant building with the share of 182.89 out of the instant building on the ground of the sale by the said voluntary auction.
(3) I, a creditor of C, (201 lessee of the instant building), is the creditor of C.