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(영문) 서울고등법원 2015.04.30 2014나2032678
임차권양도절차이행 등
Text

1. The plaintiff's appeal and the first and second preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. D’s lease agreement with the Defendant and the Plaintiff and its transfer contract 1) D concluded a lease agreement with the Defendant on June 1, 2006 with respect to the instant apartment, which is the public rental housing, with the Defendant and its mother, with a deposit of KRW 125,920,00, monthly rent of KRW 482,00, and the expected occupancy date of September 27, 2009 with a two-year period from the occupancy date. On September 27, 2012, D renewed the said lease agreement by setting a period of KRW 130,830,00 as a deposit and until September 30, 2013, as of March 9, 2012, D transferred the lease right of the instant apartment to the Plaintiff and its mother to KRW 363,840,00 (including the lease deposit).

3) On September 27, 2012, D registered its business on the location of the former-owned G and 108 location, and entered into a lease contract on October 2, 2012 with respect to the said commercial building (the date of confirmation is January 31, 2013).

(4) On February 16, 2013, D submitted an application to the Defendant for consent to transfer the right of lease of rental housing on the ground of the establishment of a place of business, and died on the following day. The heir, as wife B and A C, resided in New Zealand (registration date of Korean nationals residing in New Zealand on January 18, 2006), and C, as a resident of New Zealand on October 15, 2012.

B. A. Since September 2012, 2012, D was delinquent in paying rent and management expenses. 2) The Defendant received the notice of assignment of the instant apartment loan from D to A-consumer Finance Loan Co., Ltd. (hereinafter “A-Consumer Finance Loan”) on July 30, 2012, in sequence from D on September 26, 2013, each of the instant apartment loan transferred to D in order to the YYFFFF on September 26, 2013, on January 7, 2013, the Jeju District Court Order 212Kadan3068 on January 2, 2013, the provisional seizure order (the secured claim KRW 25 million, creditor H), the Suwon District Court Order 2013Kadan1629 on May 9, 2013, and the creditor (the creditor’s claim for provisional seizure) and each of the provisional seizure orders issued on May 20, 2013.

3. The loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the repayment of deposit from the Saemaul Savings Depository of the net Incheon Central District

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