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(영문) 서울남부지방법원 2017.11.10 2017나55327
배당이의
Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment under Paragraph 2 as to the matters for which the plaintiff asserts again in the trial of the court of first instance, and therefore, it is cited in accordance with the main sentence of Article 420 of

2. Additional determination

A. On March 23, 201, the Plaintiff filed a report on the rent of KRW 1,760,000,000,000 for monthly rent of KRW 45,500,000,000, and thereafter, the Plaintiff’s assertion that the lease deposit was increased by KRW 5,000,000,000,000, as long as the changed details were not disclosed in the report on the current status of the business registration, the Plaintiff’s claim should be distributed based on KRW 40,000,000,000 and monthly rent of KRW 1,760,00,000, which is the content of the business registration, within the scope of KRW 30,000 as stipulated in Article 2 of the former Enforcement Decree of the Commercial Building Lease Protection Act at the time. In such a case, the Plaintiff’s claim was unlawful since it did not recognize the Plaintiff’s preferential payment right on the basis of

B. On January 22, 2015, the Plaintiff submitted a “statement” on the circumstances different from the details registered at the district tax office having jurisdiction over the monthly rent, which is the lease deposit and the monthly rent. On February 15, 2011, the Plaintiff concluded a lease agreement with respect to the instant real estate subject to the lease at the location of KRW 40 million, monthly rent of KRW 2.6 million (excluding value-added tax) with the lessor’s request, reduced the monthly rent of KRW 1.6 million to KRW 1.6 million, and reported to the competent administrative office on December 10, 2013. The lease agreement between the lessor and the lessor as well as KRW 45 million, monthly rent of KRW 2.6 million (excluding value-added tax) is concluded.

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