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(영문) 수원지방법원 2018.10.02 2018나58257
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are as follows: while the lease contract of this case provides the defendant with the house of this case where senior collateral is already established, the defendant additionally borrowed funds from the defendant and made the defendant receive the payment of KRW 27 million out of the house price of this case prior to the senior collateral security, so the defendant is not a small lessee subject to protection by the Housing Lease Protection Act; thus, it is not different from the argument of the court of first instance, and even if the evidence submitted in the court of first instance and the evidence additionally submitted in the court of first instance were presented, the court of first instance and the judgment are justified.

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main text of Article 420 of the Civil Procedure Act

(2) The judgment of the court below is justifiable, and the judgment of the court of first instance is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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