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(영문) 서울동부지방법원 2016.07.20 2016나21218
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of "A No. 3" to the grounds of the judgment of the court of first instance No. 1 or 8, and the ground of recognition under paragraph 1 is as stated in the grounds of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

G. As of January 10, 2013, the Plaintiff prepared a sub-lease contract (Evidence 3) with respect to G and the instant real estate as of January 10, 2013, stating that KRW 35 million is a sublease, KRW 300,000 per month, and the sublease period from January 10, 2013 to April 26, 2014, and completed the move-in report of the instant real estate on January 10, 2013.

Meanwhile, upon the process of voluntary auction on the instant real estate, the Plaintiff newly prepared a sub-lease contract (Evidence A5) in which G and sub-lease deposit is KRW 110 million on April 3, 2014, and obtained a fixed date in the said sub-lease contract.

2. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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