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(영문) 대전지방법원 2018.11.08 2018가단3554

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. The registration of business under Article 3(1) of the former Commercial Building Lease Protection Act (amended by Act No. 11873, Jun. 7, 2013; hereinafter “former Commercial Building Lease Protection Act”) provides as the requirements for opposing power along with the delivery of a building. Since the registration of business under Article 3(1) of the former Commercial Building Lease Protection Act (amended by Act No. 11873, Jun. 7, 2013; hereinafter “former Commercial Building Lease Protection Act”) is an announcement method that enables a third party to clearly recognize the existence and content of the lease for the safety of transaction, whether

Where the amount of security deposit converted from the lease deposit or the amount of security deposit to be covered by the former Commercial Building Lease Act according to the lease contract attached to the application for business registration, the registration deposit, or the amount of security deposit converted from the rent exceeds the limit on the amount of security deposit to be covered by the former Commercial Building Lease Act, even if the amount of security deposit converted according to the details of the actual

(see, e.g., Supreme Court Decision 2013Da215676, Jun. 9, 2016). Meanwhile, pursuant to Article 4 of the Commercial Building Lease Protection Act, Article 3 of the Enforcement Decree thereof, and Article 5 of the Value-Added Tax Act and Article 7 of the Enforcement Decree thereof, where a business operator rents a part of a commercial building, he/she shall attach a drawing to the application for business registration, and where a business operator rents a part of the commercial building, he/she shall be allowed to request perusal or provision of a drawing if the object of lease is a part of the building, and an interested party shall be allowed to request perusal or provision of the drawing if the object of lease is a part of the building. Therefore, in cases where a part of the building was leased, the drawing indicating such part at the time of