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(영문) 대전지방법원 2015.06.10 2015나869
배당이의
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. The reasoning of the court's explanation in this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is changed or added as stated in the following Paragraph 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried or added;

A. The second part of the judgment of the court of first instance referred to in the second part “(10)” was added to “the lease registration of this case” (hereinafter “the lease registration of this case”).

B. Of the judgment of the court of first instance, the part of the defendant's argument from 3th to 13th is examined as follows.

“The Defendant obtained opposing power and preferential payment right as a small lessee of the building of this case under the Housing Lease Protection Act on July 12, 2012, since it was merely 35,00,000 won for lease deposit, 50,000 won for rent, 50,000 for a contract term of two years, and obtained the fixed date of the above lease contract on February 10, 201 after entering into the lease contract. On February 11, 2011, the Defendant occupied the building of this case and completed the move-in report on February 11, 2012, and acquired the opposing power and preferential payment right as it is under the Housing Lease Protection Act. The Defendant thereafter did not deliver the building to the lessor, and only moved to the above simple living goods, such as mat Lease, without installing the entrance door to the above building, it is justifiable to view that the Defendant continued to occupy the aforementioned move-in report or to maintain the opposing power of each of the above Defendant’s possession until the date of the move-in report.

(c)as follows, conduct No. 4 of the first instance judgment.

"......"

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