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(영문) 서울동부지방법원 2015.04.17 2014나23791

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reason why a member of a party states this part of the basic facts is the same as the relevant column of the reasoning of the judgment of the first instance, and thus, it is determined to accept it as it is in accordance with the main sentence of Article 4

2. The reasons why the alleged party member should explain this part are as stated in the corresponding column of the reasoning of the judgment of the court of first instance, and thus, it is to accept it as it is in accordance with the main sentence of Article 420 of the

3. The following circumstances, which are acknowledged as comprehensively taking account of the overall purport of arguments in evidence Nos. 1, 2, and 5 as follows: (i) although the lessee is a juristic person, the lessor “D” and “D representative director” are the same person under the lease contract for the building of this case; (ii) the lessee’s column for the lease contract does not include the Plaintiff’s trade name but only include “D representative director”; (iii) even though the Plaintiff agreed to lease the building for five years from January 1, 201 to December 31, 2015, the Plaintiff did not make any agreement on monthly rent; and (iii) the Plaintiff, a juristic person, concluded a lease contract for the building of this case, but the Plaintiff did not submit objective data that the Plaintiff received at least 20,000,000 won for the purpose of voluntarily concluding the lease contract of this case; and (iv) the Plaintiff did not submit objective data regarding the lease contract of this case, including tax and public charges imposed on the building of this case, and (v) the Plaintiff did not complete the auction procedure of this case.