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(영문) 서울고등법원 2019.01.17 2018나2045795
임대차보증금
Text

1. The plaintiff's appeal against the defendants and the second preliminary claim added to the defendants in this court.

Reasons

1. The reasoning of the court's explanation concerning the instant case is as follows, except where the court makes a dismissal or adds a judgment to this court under paragraph (2). Thus, it is identical to the reasoning of the first instance judgment under Article 420 of the Civil Procedure Act.

Each "this case's confirmation" in the judgment of the court of first instance shall be written by all "this case's agreement".

The 14th instance judgment of the first instance court "A" shall be amended to "A".

Following the fifth 9 pages of the first instance judgment, “The principal registration on December 30, 2016, Defendant B completed the principal registration on December 30, 2016 with respect to R”.

2. The abbreviation of this court’s additional judgment is based on the judgment of the court of first instance.

A. With respect to the primary claim: The Plaintiff asserted in this court as the ground for appeal that “The Defendant was aware that the Plaintiff would no longer be protected as a lessee under the Commercial Building Lease Protection Act as a result of the Plaintiff’s report on the closure of business regarding the store of this case. Therefore, if the auction procedure of this case is revoked, the Plaintiff’s right to receive dividends would be extinguished. Nevertheless, Defendant B knew that the transfer of ownership transfer right to the store of this case was completed by Defendant C and Defendant C actually participated in the registration and completed the auction procedure of this case. Accordingly, the Plaintiff asserted that the Plaintiff suffered losses that would not receive dividends in the auction procedure of this case due to the Defendants’ tort. 2) Defendant B was aware of the fact that the Plaintiff could lose its right to receive dividends from the auction of the store of this case by completing the registration on the transfer of ownership transfer right to the store of this case and completing the principal registration.”

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