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1. The lease contract concluded on April 10, 2013 between the Defendant and B shall be revoked.
Reasons
1. Basic facts
A. B, around August 16, 2012, borrowed KRW 40,000,00 from the Plaintiff, the maximum debt amount regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property that was loaned from the Plaintiff, was KRW 52,00,000,000, and the mortgagee and the debtor entered into a mortgage contract with the Plaintiff and the debtor, and thereafter, completed the registration of establishment of a mortgage over the instant real estate.
B. On April 10, 2013, the Defendant entered into a lease agreement between B and B on the instant real estate deposit amounting to KRW 29,00,000 for the lease deposit, and the lease period from April 16, 2013 to April 15, 2015 for the lease contract (hereinafter “lease”).
C. According to the instant lease agreement, the Defendant paid B the down payment of KRW 3,000,000 on the date of concluding the contract, and KRW 26,000,000 on April 16, 2013. On the same day, the Defendant was granted the fixed date upon delivery of the instant real estate from B.
Around April 10, 2013, the instant lease agreement was concluded, with respect to the instant real estate: (a) the registration of the establishment of a mortgage-based agricultural cooperative, the creditor Samsung Card Co., Ltd., the maximum debt amount of KRW 216,00,00,000, the debtor B, the establishment of a mortgage-based collective security right-holder, the plaintiff, the maximum debt amount of KRW 52,00,000, and the debtor’s establishment of a mortgage-based collective security right-holder; and (b) the provisional attachment of KRW 473,170,792, the creditor Credit Guarantee Fund, the claimed amount of KRW 473,594, the provisional attachment of KRW 473,170,792, the creditor Samsung Card Co., Ltd, the claim amount of KRW 16,791,614
E. According to the distribution schedule prepared around April 28, 2014, the Suwon District Court opened the auction procedure for the instant real estate as Suwon Branch C, and according to the distribution schedule prepared around April 28, 2014, the Defendant received dividends of KRW 22,00,00 in the first priority order as a small lessee, and the Plaintiff received the claim amounting to KRW 27,190,119 out of KRW 50,558,92 as a mortgagee, as a mortgagee, in the fourth priority order.
F. The plaintiff is above.