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(영문) 인천지방법원 2016.09.29 2015가단230753

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The grounds for the plaintiff's claim are as shown in the attached Form.

We examine selective claims in division.

In light of the Plaintiff’s assertion, such as the Plaintiff’s assertion that the Defendant abused the Housing Lease Protection Act or is unable to be protected by the said Protection Act because of the most lessee, it is insufficient to acknowledge the Plaintiff’s assertion only with the entries of Nos. 1 and 15 and the fact-finding results of this court on the Seo-gu E head, Seo-gu, Incheon.

Rather, according to the statement of Eul No. 12, the defendant can recognize the fact that he actually resided.

Therefore, the plaintiff's claim for this part is without merit.

The obligee's right of revocation is examined.

In full view of the facts stated in Gap evidence Nos. 1 through 15, the fact-finding results of this court against the President of the Korea Credit Information Institute, the new bank, and the purport of the entire arguments in each reply to financial transaction information by the Korea Post Information Center, the facts as shown in attached Form No. 3

However, in full view of the overall purport of the pleadings in the statement (including the paper numbers) Nos. 1-2 and 12-2 of the evidence Nos. 1-2, the defendant can be found to have been unaware of the fact that the contract had been made at the time of the conclusion of the lease contract on August 25, 2014. Thus, the defendant's defense pointing this out has merit.

Therefore, we cannot accept all of the plaintiff's claims on the grounds of merit.