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(영문) 서울서부지방법원 2015.09.10 2015가단212520

임차권부존재 확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by C, and the Defendant leased the instant real estate from C on June 2, 2014 to July 25, 2016 by setting the period of KRW 120,000,000 and the period from July 25, 2014. B purchased the instant real estate from C on August 21, 2014 and succeeded to the lessor’s status.

B. On the other hand, around August 26, 2014, B asked the Plaintiff whether to obtain a loan of KRW 70 million as security, and the Plaintiff confirmed that only B was a move-in report for the instant real estate through a perusal by the occupying household and that there was no other lessee, and thereafter, on September 2, 2014, the Plaintiff loaned KRW 70 million to B, and set up a first priority mortgage for the instant real estate.

C. As the Plaintiff did not pay the interest on the above loan, the Plaintiff filed an application for voluntary auction with the Seoul Western District Court DD on January 30, 2015 and received the decision of commencement on January 30, 2015. The Defendant asserted that he/she is a lessee of the instant real estate and filed a report on the right and demand for distribution on February 3, 2015

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted by the parties, unlike the "Seoul Eth 4th floor Eth 401" which is the domicile of the real estate in the registry of this case, the defendant asserts that the defendant's right to lease has no opposing power, and that the defendant is the most lessee who entered into a false lease contract in collusion with B in order to obtain a loan from the plaintiff.

As to this, the Defendant, as a genuine lessee, did not make a move-in report to “401” but made a move-in report to “4th floor.”

Even if the Housing Lease Protection Act is legitimate.