채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The plaintiff's assertion 1) The defendant's assertion that C district Housing Redevelopment Association (hereinafter "the partnership of this case") is by judgment.
3) From the date of the instant association’s determination of the amount of litigation costs in the attached Form No. 100 to the Plaintiff (hereinafter “instant claim”).
(2) On August 21, 2014, the Plaintiff received KRW 22,00,000 from D’s claim (hereinafter “judgment claim”) of “363,00,000,000 and damages for delay thereof,” which D owned against the instant union (hereinafter “instant claim”).
3. On November 21, 2014, the Plaintiff expressed his/her intent to offset the instant claim with the claim for judgment that was acquired by the Defendant, and thus, the instant claim was extinguished, and the Plaintiff sought non-permission of compulsory execution based on the instant claim against the Defendant.
B. The Defendant asserted that the Defendant acquired the instant claim from the instant association, and subsequently the Plaintiff acquired the claim for judgment from D. Thus, the Plaintiff asserted that the instant claim cannot be offset against the Defendant’s claim with the claim for judgment against the instant association acquired.
2. Determination
A. 1) The instant association had the instant claim against the Plaintiff. 2) The Defendant rendered a judgment on May 17, 2012 to the effect that “the instant association shall express its intent to transfer the instant claim to the Defendant, and notify the Plaintiff of its purport,” and that on June 13, 2012, the instant association transferred the instant claim to the Defendant.”
3) Meanwhile, in the lawsuit No. 201Gahap8657 filed against the instant association, D was sentenced to a judgment on October 20, 201, that “the instant association shall pay D KRW 363,00,000 and delay damages therefor,” and the said judgment became final and conclusive. D transferred KRW 22,00,000 out of the judgment bond to the Plaintiff on August 21, 2014, and on November 27, 2014, D transferred KRW 22,00,000 out of the judgment bond to the Defendant.