beta
Text
1. A lease contract concluded on August 17, 2013 between the Defendant and B on the real estate listed in the separate sheet is 16,598.
Reasons
1. Basic facts
A. On December 27, 2013, the Seoul Northern District Court C, upon the application of the Plaintiff, who was the right to collateral security regarding the instant apartment owned by B, commenced the procedure of the auction of real estate.
B. In the above auction procedure, the court of execution prepared a distribution schedule that distributes the remainder of KRW 192,081,752 to the Plaintiff, a senior mortgagee, who is a senior mortgagee, in the order of priority, to the Defendant, who distributed the amount of KRW 217,50,352 after deducting the cost of execution from the proceeds and interest of the apartment of this case, and KRW 25,00,000,000, and the second order.
C. On August 22, 2014, the Plaintiff appeared on the date of distribution and raised an objection to KRW 16,598,325 out of the amount of distribution against the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 11, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. (1) The Defendant is the most lessee in light of the following circumstances: (a) the Plaintiff’s mother entered into the instant lease agreement to obtain a house in the workplace of the Defendant mother; (b) the Defendant was not transferred to the Defendant’s mother; (c) the lease agreement was concluded without a broker; (d) the lease deposit was considerably lower than the market price; (e) the lease agreement was entered into on the instant apartment even if the market price is anticipated due to the registration of collateral security and provisional seizure; and (e) the Plaintiff’s family did not move to the resident registration even after
(2) Even if the Defendant is not the most lessee, the lease agreement between B and the Defendant should be revoked as a fraudulent act to grant the Defendant the right of priority repayment under the status exceeding the obligation B.
B. Defendant (1) is a legitimate lessee who actually resided with the resident registration and the fixed date after discovering an apartment with a lower market price than the market price due to difficulties in the circumstances.
(2) The defendant is aware of the identity of the defendant's mother, and only the words of D, and entered into a lease contract with the defendant.