logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.06.11 2019가단153931
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 12, 2015, the Plaintiff entered into a lease agreement (i.e., the lease agreement) with G, lessee, and occupant as part of the leased housing support project for the stabilization of the residence of the low-income bracket, between G, the owner of Songpa-gu Seoul E and fourth floor F (hereinafter “instant housing”) and G, the Plaintiff, and the occupant; (ii) lease deposit is KRW 80 million; and (iii) lease deposit is KRW 80 million; and (iv) lease period is from October 5, 2015 to October 4, 2017.

B. Around that time, H received the instant housing, obtained a fixed date in the instant lease agreement on September 14, 2015, and completed the move-in report on resident registration on September 18, 2015.

C. Meanwhile, G sold the instant housing to I, and after completing the registration of ownership transfer in its name on December 4, 2015, G succeeded to the lessor status of the instant lease agreement.

However, H is above C.

On December 3, 2015, the day immediately preceding the date of the registration of transfer of ownership of the instant house, which was transferred to the Seoul Gwangjin-gu J on December 4, 2015, but re-transfered to the domicile of the instant house on May 24, 2017, and re-transfered to the domicile of the instant house on June 12, 2017. During the second transfer period, the registration of creation of the instant house was completed on May 31, 2017, the maximum debt amount of KRW 216 million against the debtor I, the mortgagee A, and the maximum debt amount of KRW 38 million against the Defendant B as the mortgagee B, respectively.

E. After that, around October 4, 2017, the term of the instant lease agreement expired, but an implied renewal was made between the Plaintiff and I under Article 6(1) of the Housing Lease Protection Act (hereinafter “Act”).

F. Meanwhile, on July 12, 2018, the Plaintiff made the order of lease registration on the instant lease from the Seoul Eastern District Court.

arrow