Case Number of the immediately preceding lawsuit
Suwon District Court Ansan Branch 201Gadan30239 ( October 15, 2012)
Title
The right to preferential payment shall not be exercised because the relocation report of the former lessee was not made within the extent that it can be deemed that the resident registration was severed;
Summary
(1) In the event that a housing lessee with opposing power has properly sub-leased, if the moving-in report was made within the period to the extent that possession of the sub-lessee is succeeded and that the resident registration is severed, the opposing power of the right to lease held by the original lessee shall continue to exist without maintaining the identity. However, in the case of this case, the moving-in report shall not be deemed to have been made within the period to the extent that the resident registration is severed.
Cases
2012Na12013 Demurrer against distribution
Plaintiff and appellant
Quantity XX
Defendant, Appellant
Republic of Korea and one other
Judgment of the first instance court
Suwon District Court Decision 201Da30239 Decided February 15, 2012
Conclusion of Pleadings
July 25, 2012
Imposition of Judgment
August 29, 2012
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance shall be revoked. Among the distribution schedule prepared by the above court on July 22, 2011 with respect to the real estate compulsory auction case No. 2010, the amount of dividends to the defendant Republic of Korea shall be KRW 000, KRW 000, and the amount of dividends to the defendant Seoul Special Metropolitan City shall be KRW 00, and KRW 000,000, and the amount of dividends to the plaintiff shall be KRW 000, respectively.
Reasons
The reasoning for the court's explanation concerning this case is the same as the part of the judgment of the court of first instance, and thus, it refers to the same as it is in accordance with the main sentence of Article 420 of the
Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.