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1.(a)
Attached Form 2, which was concluded on February 10, 2017 between Defendant B and D with respect to the first real estate listed in attached Table 1 list.
Reasons
1. Facts of recognition;
A. On September 21, 2015, the Plaintiff, a creditor of D, concluded a contract to establish a mortgage, which constitutes a maximum debt amount of 260,000,000 with respect to the first, two real estate, etc. indicated in the separate sheet No. 1 attached to D (hereinafter “each of the instant real estate”), as indicated in the separate sheet No. 1 attached to D (hereinafter “each of the instant real estate”). On the same day, the Plaintiff completed the registration
B. On March 30, 2017, G Depository, the first secured mortgage on the real estate No. 1 listed in the separate sheet No. 1 (hereinafter “instant real estate”) received voluntary decision to commence auction on March 30, 2017, with regard to the said real estate No. 1 and Daegu Suwon-gu H and 3rd class I, and the J Depository, the first secured mortgage on the said real estate No. 2 listed in the separate sheet No. 1 (hereinafter “instant real estate No. 2”), was issued a voluntary decision to commence auction on March 22, 2017, with F of the Daegu District Court on March 22, 2017.
C.1) On December 22, 2017, with respect to the sale price of the said first real estate, the said court drafted a distribution schedule of KRW 20,00,000 to Defendant B, as the first-class lessee of the small amount, and distributed KRW 7,749,757 to the Plaintiff as the third-class mortgagee. 2) As to the sale price of the said second real estate in the Daegu District Court, the said court distributed KRW 10,000,00 to Defendant C as the first-class lessee of the small amount, and prepared a distribution schedule of KRW 10,000,000 to the Plaintiff as the second-class lessee of the said real estate on December 22, 2017.
1) On February 10, 2017, Defendant B and his father L who represented D on his behalf on February 10, 2017, concluded the first lease contract on the instant real estate No. 1 as indicated in the attached Table 2 (hereinafter “instant first lease contract”).
(2) Defendant C concluded a move-in report on March 29, 2017, which was the day immediately before the decision to commence the auction on the above real estate was made. (2) Defendant C signed a move-in report on March 12, 2016 with his father representing D on August 12, 2016, as to the instant real estate No. 2.