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1. Of the dividend table prepared on July 20, 2016 with respect to the voluntary auction case of B real estate in Incheon District Court, it is against the defendant.
Reasons
1. Facts of recognition;
A. On February 27, 2014, the Plaintiff completed the registration of creation of the right to collateral security with the maximum debt amount of 44.4 million won and the debtor C, and applied for voluntary auction to the Incheon District Court B based on the aforementioned right to collateral security.
B. On July 31, 2015, the aforementioned court rendered a decision to commence voluntary auction, and distributed KRW 13,830,589 to the Defendant, who is the first-class lessee on the date of distribution open on July 20, 2016, and KRW 13,29,429 to the Plaintiff, who is the applicant creditor and the mortgagee as the mortgagee, respectively.
C. The Plaintiff appeared on the aforementioned date of distribution, and raised the instant lawsuit on July 26, 2016, against the entire amount distributed to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2, and Gap evidence 2
2. Determination
A. (1) As to the Plaintiff’s assertion, the Defendant asserted that the primary assertion (the Defendant is the most lessee, and the lease agreement entered into between the Defendant and the lessor is null and void based on a false declaration of conspiracy) is that the Defendant delegated the sale and purchase of the instant real estate to D, who is a son, and D sold it to C. At the time of sale, the sales amount is KRW 30 million, but the Defendant agreed to continue to reside in the instant real estate and the KRW 15 million out of the sales amount is a lease deposit and reside in the instant real estate.
In addition, the following facts are acknowledged in light of the facts without dispute, Gap evidence 3-2, Eul evidence 2, Eul evidence 2, 3, and 5, and the purport of the whole pleadings.
㈎ 피고는 이 사건 부동산에 관하여 2013. 9. 12. 상속을 원인으로 한 소유권이전등기를 마쳤다가(피고의 채권자인 E이 2013. 1. 16.자 근저당권의 실행을 위한 경매를 위하여 피고를 대위하여 소유권이전등기를 마쳤다), 2014. 1. 10. 동생인 D에게 2013. 11. 20.자 매매를 원인으로 한 소유권이전등기를 마쳐주었다.
㈏ D는 2014. 2. 27. C에게 이 사건 부동산에 관하여 2014. 2. 10.자...