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(영문) 수원지방법원 2019.08.28 2019나50069
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the modification as to the following “the amendment to 2.2.” Thus, this is cited by the main sentence of Article 420 of the Civil Procedure

(No separate document shall be attached to the judgment of the court of first instance which cited the attachment of the judgment). 2. 4. 9. 9 to 5. 10.

[1) The right of priority repayment under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be repaid in preference to claims secured by mortgages on the leased house, taxes, etc. Therefore, the debtor's act of setting up the right of lease under the above Article on the sole house owned by the debtor in excess of debt constitutes an act of causing the decrease in the debtor's whole property as a security in excess of debt. Therefore, the act of establishing the right of lease is subject to revocation of fraudulent act (Supreme Court Decision 2003Da5071 Decided May 13, 2005). According to the above evidence, Gap evidence 6 and 7 evidence and the purport of the whole arguments, E's active property is 17,00,000 won (the real estate in this case), while the lease in this case is 15,000,000 won, 100,000 won, 40,000,000 won, 00,000 won, 106,006,00000 won, 10.

The Housing Lease Protection Act is the Housing Lease Protection Act which is the second beneficiary.

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