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(영문) 인천지방법원 2017.07.12 2017가단3245
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is the lessee who leased five square meters of 5,00,000 square meters of 5,000 square meters of 5,00 business facilities and neighborhood living facilities of 5,00,000 square meters of 40,000, which are the object of the said auction case, located outside Seo-gu Incheon, Seo-gu, Incheon, which is the object of the said auction case, and the said security deposit should be distributed to the Plaintiff pursuant to the Commercial Building Lease Protection Act. As such, the

2. Determination:

A. According to Article 4 of the Commercial Building Lease Protection Act, Article 3 of the Enforcement Decree thereof, Article 5 of the Value-Added Tax Act, and Article 7 of the Enforcement Decree thereof, a person who has an interest in the lease of a building may request the head of the tax office having jurisdiction over the location of the building to allow him/her to peruse or provide matters concerning the lease and business registration. If a business operator rents a place of business, he/she shall require the head of the tax office having jurisdiction over the location of the building to attach a copy of the lease agreement to an application for business registration and allow him/her to peruse or provide matters concerning the lease to be entered in the lease agreement attached thereto. Thus, if the location of the leased object under the lease agreement attached to the application for business registration is inconsistent with the indication on the register of the commercial building, such business registration cannot be a valid method of public announcement in relation to the third party unless there are any special circumstances. In addition, according to each of the above statutes, if the business operator rents a part of the commercial building, the interested party may request perusal or provision of the drawing.

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