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(영문) 인천지방법원 2015.04.29 2014나7018
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the submission or addition of the following, so it decides to accept this case in accordance with the main sentence of Article 420 of the Civil Procedure Act. It is so decided as per Disposition.

2. The second, 18, and 19 of the reasoning of the judgment of the court of first instance on the part used or added "as a lease contract was concluded with D, a new lease contract was concluded with D, and the lease deposit was paid by the defendant in a manner that the defendant takes over the lease deposit against D."

The evidence in the second 20th 20th 1st 1st 20th 1st 1st 20th 1st 1st 1st 2th 20

Then, “The fact that the Defendant and D moved into the instant real estate” in the third fourth sentence of the reasoning of the judgment of the first instance is added to the following: “The fact that the voluntary auction procedure commenced on the instant real estate since five months have not elapsed from the time when the lease contract was concluded, and one month has not elapsed from the time when the Defendant moved into the instant real estate.”

The grounds of the judgment of the first instance court shall consist of the third 5 to 11 parts of the "(i)" as follows:

“The Defendant (the Defendant paid the lease deposit to D by the method that the Defendant acquired the claim for the refund of the lease deposit from E, and the Defendant agreed to return the deposit to E if the deposit is returned to the Defendant, but there is no evidence to acknowledge it).”

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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