beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. The reasons for the court’s explanation concerning this case are as follows: (a) the “1. Basic Facts” and “2. A. Judgment on the Claim against Defendant A” (including the attached Form, hereinafter referred to as the “the cited part of this case”) are as stated in the judgment of the court of first instance, except for the part of additional deletion or replacement as follows; and (b) thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Parts] The 5th judgment of the first instance court is added to the following "the burden" in the 14th judgment.
Part 7 of the Decision of the first instance court is in Part 7. The following shall be added to each other:
It is "."
The plaintiff asserts to the effect that the defendant did not reside in the real estate of this case, and thus, the plaintiff lost opposing power, which is a requirement to recognize the right of priority repayment as a tenant of small claims.
However, in full view of the purport of the entire pleadings as seen earlier, the Defendant continued to possess the instant real estate even after the completion period for demanding distribution in the instant auction procedure.
Furthermore, the lessee may allow the occupation assistant to occupy the leased house, and the requisite for counterclaim under Article 3(1) of the former Housing Lease Protection Act includes not only the lessee himself but also his spouse or his child, etc. (see, e.g., Supreme Court Order 94Ma2134, Jun. 5, 1995; 87Meu3093, 3094, Jun. 14, 198), Gap evidence 17, Gap evidence 18-1, No. 19-1, No. 19-2, No. 19-1, No. 19, No. 19-2, and No. 20, the following facts can be acknowledged: The defendant's ASEAN made a move-in report on December 7, 1998; and the defendant's wife's wife's family member's family member's family member's family member's family member's family member's family member's family member's lineal relative.