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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. Additional determination
A. According to Article 3(1) of the Housing Lease Protection Act with respect to each building listed in the table 4 through 8 attached Table 2, a lessee acquires a right to lease a house with opposing opposing power for the delivery of a house and resident registration. Since the Defendant made a move-in report to Pyeongtaek-gun, Gangwon-do on July 25, 2011, it is clear that the Defendant did not acquire an opposing right to lease a house due to the lack of the fact that the Defendant completed the resident registration for this part
B. The fact that the Defendant completed the delivery and resident registration of the house as to each building listed in the Nos. 1 through 3 of the attached list 2 is recognized.
However, even if the creditor is deemed to have obtained the opposing power as a housing lease in the form of formal residence after concluding a lease contract with the debtor on the housing owned by the debtor and completing a move-in report, if the principal purpose of the lease contract is not to use and benefit from the housing, but to recover the claims in preference to junior creditors or other creditors, the opposing power under the Housing Lease Protection Act cannot be granted to such lessee.
(Supreme Court Decision 207Da55088 Decided December 13, 2007). The following circumstances are as follows: (a) the Defendant entered into a lease agreement with C on July 20, 201 (hereinafter “instant lease agreement”) with C on December 13, 2007; (b) the deposit amount of KRW 130 million (the deposit of KRW 100 million was paid at the time of the contract; and (c) the balance of KRW 30 million was paid on August 20, 201.