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(영문) 대법원 2016. 01. 14. 선고 2015다240058 판결
(심리불속행)가장임차인에 해당하는지 여부[국승]
Case Number of the immediately preceding lawsuit

Incheon District Court 2014Na55482

Case Number of the previous trial

Incheon District Court 2014Gadan12781

Title

(D) Whether the person is a principal tenant or not

Summary

(In the Housing Lease Protection Act, the opposing power provided for in Article 3 (1) of the Housing Lease Protection Act is not acquired, and even if the opposing power is satisfied, a lease contract is concluded to abuse the Housing Lease Protection Act to protect the small lessee, and thus it is not a small lessee under the Housing Lease Protection Act.

Related statutes

The opposing power, etc. under Article 3 of the Housing Lease Protection Act and the protection of a specified amount among the deposit;

Cases

2015Da240058 Demurrer, etc. against distribution

Plaintiff-Appellant

KimA

Defendant-Appellee

1. BB companies, 2. The Republic of Korea 3. The JCC

Judgment of the lower court

Incheon District Court 2014Na55482 (Law No. 17, 2015.17)

Imposition of Judgment

oly 14, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

The argument regarding the appeal is clearly without merit because it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, all appeals are dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.

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