logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.29 2015나16035
사해행위취소로 인한 배당이의
Text

1. The part of the judgment of the court of first instance against the plaintiff as to the plaintiff's claim against defendant E and G shall be revoked.

H H. H. H.

Reasons

1. Basic facts

A. On December 24, 2012, through the J Licensed Real Estate Agent Office, the Plaintiff entered the instant multi-family house in the attached Form 1 list owned by H (hereinafter “instant multi-family house”).

With respect to subparagraph 304 of this case, a lease agreement was concluded between December 26, 2012 and December 25, 2014 with a fixed lease term of KRW 75 million and the lease term of KRW 304 was concluded. Meanwhile, on January 22, 2013, the joint Plaintiff B entered into a lease agreement with H as to subparagraph 104 of this case’s multi-family house through J Licensed Real Estate Agents’ Office during the period of lease from January 26, 2013 to January 25, 2015.

B. Around July 2012, H exclusively delegated the authority to conclude the monthly rent contract of the instant multi-family house to K and L’s M Licensed Real Estate Agent Office. 2) The Defendants concluded, through M Licensed Real Estate Agent Office, a lease contract with H to lease each room described in the “lease Deposit” column of the attached Table 2 as the lease deposit (However, Defendant C, D, and E changed the terms of the contract as indicated in the “Contract Revision” column of the attached Table 2; hereinafter “each of the instant lease agreements”).

3) The Defendants and H agree to pay only an amount within the scope where the right of priority repayment is recognized under the Housing Lease Protection Act among each lease deposit agreed upon when entering into each of the instant lease agreements, and the remaining amount shall be paid after H disposes of all the collateral security, etc. established in the instant multi-family house (hereinafter “instant special agreement”).

4) Accordingly, H’s each of the lease deposits under each of the instant lease agreements from the Defendants is KRW 20 million, Defendant E is limited to KRW 24 million.

arrow