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(영문) 부산지방법원동부지원 2015.04.29 2014가단25506
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is a legitimate small lessee who has reported the transfer of the instant real estate from November 19, 201 to November 19, 201, and resides in room 402 partitions of room 2 partitions of room 402 (hereinafter “instant real estate”). On October 15, 2013, the Plaintiff leased the instant real estate from F, the owner of which on October 15, 201, KRW 30 million and monthly rent 200,000,000, and is residing in the instant real estate from November 19, 2013, and thus, the distribution schedule should be revised as stated in the purport of the claim.

2. In light of the following facts and circumstances acknowledged by comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 7, 9, 13, 14, 15, and Gap evidence Nos. 16-1, the plaintiff is not a legitimate small lessee of the Housing Lease Protection Act, and the plaintiff is not a legitimate lessee of the Housing Lease Protection Act, in light of the following facts and circumstances.

From November 19, 201, the Plaintiff resided in the instant real estate without entering into any specific lease contract between F and South Korea, and entered into a lease contract from October 15, 2013. After January 10, 201, the Plaintiff’s transfer of the instant real estate from January 19, 201 to November 19, 201, which was two months before the date of the application for voluntary auction of the instant real estate from January 10, 2014, and obtained a fixed date in the said contract.

B. The Plaintiff and F asserted that the Plaintiff paid KRW 20 million to F for the repair of the interior works of the said multi-family house ( KRW 10 million on December 21, 2012, KRW 10 million on December 22, 2012, KRW 1056,260 on December 22, 2012) and the Plaintiff and F’s mother’s payment of deposit KRW 30 million on deposit at G’s hospital treatment costs. However, the said construction costs are KRW 1 year prior to the date of concluding the lease contract on the instant real estate, and KRW 10,000 on September 30, 2013, the date of concluding the lease contract on the instant real estate among G’s hospital treatment costs that the Plaintiff assumed by the Plaintiff.

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