(영문) 의정부지방법원 2014.10.07 2013나15327

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(영문) 의정부지방법원 2014.10.07 2013나15327

배당이의

Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant-Counterclaim Plaintiff’s appeal is dismissed.

2. Appeal;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the counterclaim of this case was unlawful since the plaintiff filed the counterclaim of this case one year after the date when he knew that the contract of this case was concluded between the plaintiff who asserted that the defendant was a fraudulent act, and that the counterclaim of this case was filed after the lapse of the exclusion period.

In light of the overall purport of the pleadings in the evidence Nos. 15 through 18, the report on the current status of real estate in the auction procedure of this case, which was commenced by the defendant upon the defendant's request, includes the fact that the plaintiff moved into the apartment of this case on February 23, 2012 as the lessee, and the plaintiff submitted an application for the report of right and the request for distribution as the lessee on August 13, 2012, and the defendant submitted an application for the exclusion of distribution to exclude the plaintiff from filing the above report of right and the request for demand for distribution on March 19, 2013. The reasons for the application are as follows: (a) each of the facts that the plaintiff is the most lessee who entered into the lease contract concerning the apartment of this case for receiving the small amount lease deposit, or the execution of the lease contract of this case constitutes a fraudulent act; and (b) the defendant perusal the records of this case on November 26, 2012, which were after the plaintiff submitted the report of right and the request for distribution.

Furthermore, as recognized earlier, the above facts acknowledged as follows: (a) the apartment of this case at the time of the conclusion of the lease agreement of this case, the Goyang-gu District Court, Yangyang-dong Office, which received on July 1, 2009, No. 97196, which was received on July 1, 2009, as the ground for the establishment of the mortgage contract of this case.

참조조문

-민사소송법 제420조

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