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(영문) 서울동부지방법원 2015.08.13 2014가합6402
배당이의
Text

1. Defendant among the distribution schedule prepared by the same court on May 27, 2014 with respect to the distribution procedure case in the Seoul Eastern District Court.

Reasons

1. Basic facts

A. On February 24, 1998, the following lease contract was concluded with respect to L and M in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”).

A) A lessor (a): A lessee (a) of N, Q, R, S, Defendant F, E, or G (hereinafter “Lessee”): KRW 150 million (150 million per month: 9 million per month: A, at his/her own expense, newly built a building in the name of the instant land under the name of A and used for the term of lease (6 years after completion) for neighborhood living facilities.

New buildings (hereinafter referred to as “instant building”) shall be owned by A.

B. A and seven lessees, who are husbands of C, operated a restaurant with the trade name “T” in the instant building after the construction of the instant building.

C. On December 1, 2003, A and seven lessees (hereinafter “eight lessees”) filed a lawsuit against lessors seeking confirmation of ownership of the building of this case (Seoul Central District Court 2003Gahap8108), and on May 3, 2004, mediation was concluded as follows.

1) The lessor leases the instant land to eight lessees as follows, and eight lessees lease the instant land. From January 1, 2004 to December 31, 2010: deposit amount: KRW 500 million: 22 million per month (including value-added tax) lessee confirms that the instant building is owned by the lessor.

The lessor does not pay the purchase price or any other consideration to eight lessees with respect to the building of this case, and the eight lessees do not pay the rent for the use of the building of this case during the term of the above lease.

The above lease contract was terminated on November 2008, and the lessor was transferred from eight lessees on November 30, 2008, and the lessor was transferred from eight lessees on November 30, 2008, and on March 4, 2009, pursuant to Article 248(1) of the Civil Execution Act and Article 487 of the Civil Act.

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