Text
1. A lease agreement between the Plaintiff (Counterclaim Defendant) and B on August 9, 2012 regarding “Incheon-gu C 401.”
Reasons
1. Basic facts
A. On June 30, 201, Nonparty B obtained a loan of KRW 17 million from the Defendant as security the real estate stated in the order for which the registration of ownership transfer was completed on the same date (hereinafter “instant building”). As to the said building, Nonparty B completed the registration of creation of a mortgage over the first priority priority of KRW 143 million in the Defendant’s maximum debt amount in the future.
B. On August 9, 2012, through a licensed real estate agent E, the Plaintiff entered into a lease agreement of KRW 26 million with respect to the instant building (a special agreement verifying that the establishment registration and seizure of the establishment registration of the neighboring facilities and the provisional seizure of the Credit Guarantee Fund as of August 7, 2012 were conducted in the register of the said building) and completed the move-in report and the move-in report and the fixed date on August 16, 2012 on the basis of the said lease, and was actually residing in the said building.
(C) The defendant withdrawn the plaintiff's assertion that he is the largest tenant in this lawsuit.
However, at that time, B had already been in arrears with the repayment of loans to the National Bank (the original loan institution related to provisional seizure) and the Seocheon Agricultural Cooperatives, etc., and provisional seizure by the Incheon Credit Guarantee Foundation (the issuing agency of the above letter of guarantee related to Seocheon Agricultural Cooperatives, hereinafter referred to as the "Incheon National Credit Guarantee Foundation") was also executed as the object of the instant building since the date of the Plaintiff's moving-in report has not passed.
The details of various limited real rights or (A) seizure on the above building before and after the time of concluding the lease have considerably exceeded the appraised value of the above building (123 million won, and the base date on June 4, 2013), as shown in the following table, and it is not possible to confirm the owned property that can be subject to compulsory execution against B other than this building.
On the date of establishment of the No. 11-06-30 (the claimed amount in the case of provisional seizure) a creditor of the limited real right shall have approximately KRW 19,00,000 (value-added Tax) 312-08-07 Provisional Attachment Credit Guarantee Fund 20,000 (value-added Tax) and KRW 412-0,000 (value-Added Tax) for principal against the right to collateral security 107,000 (the claimed amount in the case of provisional seizure).