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(영문) 광주지방법원 2015.04.24 2015가합306

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Gwangju District Court Decision 2012Gahap4826 Decided November 30, 2012.

Reasons

1. Basic facts

A. The defendant is a union established on July 1, 1993 for the purpose of promoting the sound development of C and the promotion of welfare among members, etc., and the plaintiff was a member of the defendant.

B. On December 24, 1997, the Defendant received approximately KRW 31,307,750 per unit from union members, such as the Plaintiff, etc. to create D and completed the registration of ownership transfer in its name after purchasing a notice of square meters from the Seo-gu, Seo-gu, Gwangju E, 38,546.1m from the Korea Land Corporation on December 24, 1997. In addition, around August 2003, the Defendant around the Namyang Construction Co., Ltd and the above land, the F1, 2 complexes (hereinafter “instant 1, 2 complexes”).

A) A contract for construction work was concluded, and the above construction work was completed on December 2004. 2) The first complex commercial building of this case was completed by giving priority to the members including the Plaintiff, but the second complex commercial building of this case was completed by selling in lots. However, as a result of the general sale, the second complex commercial building of this case did not sell in lots 206 can not be paid to Namyang Construction Co., Ltd. the construction price for the second complex commercial building of this case.

C. The Defendant’s execution of the instant loan and joint and several sureties 1) The special general meeting on January 29, 2005 (hereinafter “the first general meeting of this case”) for the payment of construction cost.

A) All the members shall hold a meeting to pay 50 million won per unit to the defendant, and the defendant shall allocate to the members three partitions of the two complex shopping complex shopping complex shopping complex shopping complex shopping complex of this case, and the defendant shall allocate to the members of the association the three partitions of this case, and the members of the association who lack financial resources shall be the principal debtor and shall be provided as security to the financial institution and shall be loaned 50 million won per unit, but the defendant shall pay the interest on the loan until the transfer registration of ownership in the name of the member of the association is completed. (ii) Accordingly, the plaintiff who held three shares of the total 98 commercial complex of this case among the two complex of this case, has decided to pay the interest on the loan until the ownership transfer registration in the name of the member of the association is completed.