Whether Article 3 (1) of the Housing Lease Protection Act, which provides for the opposing power of lessees, provides preferential payment right (negative)

The provisions of Article 3 (1) of the Housing Lease Protection Act provide that a lessee who meets the requirements for counterclaim under the provisions of the same Act grants an opposing power to a third party, and it does not provide that a right to receive a preferential repayment from the successful bid price of the object of lease is not provided.

Article 3 of the Housing Lease Protection Act

Ise and lele andle

Busan Bank, Inc.

Busan District Court (84Gahap687)

The appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The original judgment shall be revoked.

The defendant shall pay to the plaintiff 13,500,000 won with interest rate of 25 percent per annum from the day following the delivery of the complaint of this case to the day of full payment.

The costs of lawsuit shall be assessed against the defendant in both the first and second instances and a declaration of provisional execution.

The plaintiff's above 10-62 10-162 20-162 20-10 of the above 30-10-6 10-2 10-2 10 of the above 10-62 10-2 10-2 12 of the above 10-7 8-2 10-12 of the above 1978 and 10-10-6 9-2 of the above 10-7 9-2 of the 1977-2 9-2 of the above 10-7 9-2 of the 197-2 10-2 10-6 10-2 10-6 10-2 of the above 10-6 10-2 10-2 of the 197-2 10-6 3-2 of the 1977-22 of the 1981-22 of the 1981-2-2

Therefore, the claim in this case shall be dismissed without merit, and the decision of the court below with the same conclusion is just and without merit, and the appeal cost shall be assessed against the losing party and it is so decided as per Disposition.

Judges Jeon Soo-young (Presiding Judge)