배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. E is the Plaintiff’s mother and the Defendant’s mother.
B. On July 4, 2005, E purchased a parcel of land from F, including 88 square meters in Seo-gu Busan, Seo-gu, Busan (hereinafter “instant real estate”), and completed the registration of ownership transfer on the same day, and completed the registration of ownership preservation on August 7, 2007 by constructing a commercial building on the same ground.
C. From May 25, 2007 to August 13, 2007, in order to secure the design cost of the above commercial building, which was paid upon E’s request from E, and the additional construction cost to be paid in the future, the Defendant completed the registration of the right to claim ownership transfer on August 13, 2007 with respect to the above seven parcels of land, including the instant real estate owned by E, and building on the ground.
On May 25, 2007, from September 6, 2007 to E upon E’s request, the Defendant and E set the Defendant’s claim against E as KRW 70 million (hereinafter “instant claim”) on October 31, 2008, and drafted a statement of settlement of cash certificates to the effect that E shall pay the above amount to the Defendant by the end of 2008.
E. Meanwhile, on May 2, 2013, the Plaintiff, as E’s creditor, was subject to a compulsory auction order on the land of the said seven parcels including the instant real estate and the ground buildings at H of this court. However, upon the E’s request that the Plaintiff sell the said real estate and repay the debt in the price, the Plaintiff voluntarily withdrawn the application for compulsory auction on May 15, 2013. On March 5, 2013, the Defendant revoked provisional registration on the land of the remaining six parcels except the instant real estate and the ground buildings on March 5, 2013.
(B) On June 11, 2013, E drafted a notarial deed stating that “The Plaintiff lent KRW 1.2 billion to E on July 15, 2003, and E will repay KRW 850 million on July 15, 2005, and KRW 350 million on July 15, 2006.”
F. However, E does not include the instant real estate.