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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance as follows is the same as the reasoning of the judgment of the court of first instance, except for the addition of the part emphasized by the defendant in this court as to this case, as set forth in the following Paragraph 2. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of
Part 2 of the Decision of the first instance shall add the following:
D. On November 28, 2018, the Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection to the entire amount distributed to the Defendant, and thereafter filed the instant lawsuit on December 4, 2018, within seven days thereafter." The Plaintiff added “Evidence No. 4-1 to 3, Evidence No. 5, and Evidence No. 6-2 of the instant auction procedure” to the column for the second ground for recognition of No. 13 of the judgment of the first instance court.
2. Additional determination
A. On August 30, 2017, the Defendant asserted that: (a) paid KRW 40,000,000 to E, a lessor, a lessor, in cash; and (b) actually concluded a lease agreement on the instant lending; and (c) completed the move-in report on September 27, 2017.
However, the defendant is not the most lessee because it is not equipped with a newche, sing, etc., and thus, it is not a tenant.
B. Determination of Gap's evidence Nos. 3, 4, 6, 7, and Eul evidence Nos. 2 (including each number), the following circumstances acknowledged by the overall purport of the pleadings, namely, ① complete the delivery of a house and resident registration in order to receive a preferential reimbursement of part of the lease deposit to other secured creditors. The defendant did not have actually resided in the loan of this case from August 30, 2017, which is the date of conclusion of the lease contract. ② The payment of the lease deposit is made at the time of ordinary occupancy. The lease contract of this case is made at the same time as the lease contract of this case. It is difficult for the defendant to move into the party.