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(영문) 서울중앙지방법원 2015.07.24 2014가합535396

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty B’s land-based association (hereinafter “instant land-based association”) was an unincorporated association composed of owners of the said land and the instant land-based commercial building (hereinafter “instant commercial building”) with respect to the D market-dong commercial building (hereinafter “instant commercial building”), which was constructed on the land outside C and 15 lots of land in Jung-gu, Seoul and Jung-gu, and was engaged in the management of the instant commercial building.

B. One general building registration and 14 aggregate buildings registration are completed in the commercial building of this case, but only the area of each of the above aggregate buildings without any specific specification, such as a studio, etc., is included in the indication of the building in the section for exclusive use, and the existing registration has not been properly reflected in the current status of the building by using the existing registration even though the commercial building of this case was reconstructed around 20

In addition, the co-ownership registration of the owner of the store in the commercial building of this case as co-owner is completed on the land which constitutes the site of the commercial building of this case.

C. On October 8, 2010, the Plaintiff filed a lawsuit claiming a loan against the instant props meeting, and sentenced the Seoul Central District Court 2009Gahap88346 to the effect that “The instant props meeting shall pay to the Plaintiff 200 million won and the amount equivalent to 5% per annum from February 11, 2009 to October 8, 2010, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive.

On March 24, 2014, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) from the Seoul Central District Court 2013TTTT25743, with the said final judgment as an executive title, regarding the “the instant propup meeting KRW 6,60,000,000, for each of the claims for rent owned under the lease agreement regarding the instant commercial building against the Defendants.”

【Ground for recognition】 The fact that there has been no dispute, Gap 1, 3, Eul 1, 2, the purport of the whole pleadings and arguments

2. Powers of attorney.