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(영문) 청주지방법원 2016.05.25 2015가단8742

배당이의

Text

1. Defendant among the distribution schedule prepared on May 21, 2015 by the said court with respect to the Cheongju District Court D D's auction of real estate.

Reasons

1. In fact, Defendant B is the mother of Defendant C.

Defendant B initially operated a bath in the Heung-gu E, Young-gu, Young-gu, Cheongju, the relative F and G constructed a multi-family housing in the Heung-gu, Young-gu, Cheongju, and then sold the apartment housing and then made a profit to Defendant B. In response, Defendant B transferred the ownership of the land and building located in the Heung-gu E to F and G.

G was unable to pay the profit, which was promised to Defendant B, due to the failure to complete the construction of the 5th floor of reinforced concrete structure, reinforced concrete structure, collective housing and neighborhood living facilities, the 1st floor above ground and the 5th floor above ground (hereinafter “instant building”) on the ground of Cheongju-si E.

Accordingly, G concluded a lease agreement with Defendant B and Defendant C on behalf of the above 46 million won of the instant building in lieu of profit, and agreed to substitute the return of the lease deposit.

On January 9, 2009, Defendant C moved-in as the Heung-gu Seoul Metropolitan Government E (this is changed to He on October 31, 201, the road name address Cheong-gu H on October 31, 201) 502.

On January 16, 2010, Defendant B, the owner of the instant building, entered into a lease agreement between G and Cheongju-gu E 502 with the term of lease from January 16, 2010 to 48 months. The fixed date was obtained on January 15, 2013.

On March 20, 2011, Defendant C entered into a lease agreement with G and the instant building 303 (No. 303 on the registry of the instant building) for a fixed period of 24 months for the term of lease, and obtained a fixed date on January 15, 2013.

The defendant C actually resided in 502.

On August 8, 2011, Defendant B made a move-in report under the Seoul Metropolitan Government E 502, Chungcheongnam-gu, Chungcheongnam-gu, and made a move-in report to I and I on January 9, 2012, and on March 23, 2012, Defendant B made a move-in report to H on March 23, 2012, and the family room was not written at the time.

(i)in fact;