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(영문) 부산지방법원 동부지원 2018.05.30 2018가합101221
임차권무효확인 등
Text

1. A lease contract entered into between the defendant and the non-party B on No. 6810 of the Busan Shipping Daegu Building.

Reasons

1. Indication of claim;

A. On September 5, 2016, the Plaintiff lent KRW 1.5 billion to B on the same day, and completed the registration of the establishment of chonsegwon (right to lease on a deposit basis) with the maximum debt amount of KRW 2.25 million in relation to Article 6810 of the Busan Shipping Daegu Building (hereinafter “instant housing”) owned by B, the Plaintiff completed the registration of the establishment of chonsegwon (right to lease on a deposit basis) with the maximum debt amount of KRW 2.25 million.5 million.

B The creditor, as of September 5, 2016, there is no tenant other than the tenant himself/herself, and even after this date, if the tenant moves into the house in this case or entered false resident registration, B recognizes it as an intentional crime of fraud to avoid paying all or part of the borrowed amount by abusing the priority repayment under the Housing Lease Protection Act.

I prepared and delivered a letter to the effect that it is "."

B. The Defendant completed a move-in report on the instant house on May 4, 2017.

A lease relation investigation report was prepared that the defendant leased and occupied the house of this case in the procedure of compulsory auction (Jasan District Court Dong Branch Branch E) commenced by the application of other creditors D.

C. The Defendant is a false lessee to abuse the right to preferential payment of small-sum lessee as prescribed by the Housing Lease Protection Act, and thus, sought confirmation of invalidity of a lease agreement concluded between the Defendant and B.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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