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1. The real estate lease agreement entered into on June 5, 2013 between the Defendant and B on the real estate stated in the separate sheet.
Reasons
1. Basic facts
A. On December 2, 2011, the Plaintiff acquired the right to collateral security as to the loan claim against the above B and real estate listed in the separate sheet owned by the above B (hereinafter “instant real estate”) from the National Bank. On August 30, 2013, the Plaintiff rendered a decision to commence the auction on the appointment of real estate to this Court C.
B. On June 5, 2013, the Defendant leased the instant real estate from the foregoing B by setting the lease deposit amount to KRW 21 million, the lease term to June 5, 2015.
(hereinafter “instant lease agreement”). In addition, on June 7, 2013, the Defendant completed a move-in report with the instant real estate and received a fixed date.
C. In the above voluntary auction case, this court prepared a distribution schedule with the order of 116,714,035 won, which is the amount to be actually distributed on April 10, 2014, to the Defendant of the applicant obligee 19,000,000 won and 3rd order, to distribute the amount to the Plaintiff.
The Plaintiff appeared on the date of the aforementioned distribution, and raised an objection against KRW 7,956,036 of the Defendant’s dividend amount, and filed the instant lawsuit on April 16, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 6, Gap evidence 16, Gap evidence 17 and the purport of the whole pleadings
2. Determination:
A. (1) Determination as to the cause of the claim (1) Since the priority repayment right under Article 8 of the Housing Lease Protection Act grants a kind of statutory security right that can be paid in preference to claims secured by mortgages on the leased house, taxes, etc., 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 the decrease of the debtor's whole property, and therefore the act of establishing the right of lease is subject to revocation of fraudulent act
In addition, the act of setting the right of lease subject to the protection of the right of priority repayment under Article 8 of the Housing Lease Protection Act.