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(영문) 광주지방법원 2020.08.14 2019가단537038

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that was established by having the Seoul Northern-gu Seoul metropolitan district as a project implementation district.

B. On January 9, 2018, the Defendant filed a payment order with the Gwangju District Court 2018 tea18 against A’s Establishment Promotion Committee for Housing Redevelopment Improvement Project (hereinafter “instant promotion committee”). On January 9, 2018, the Defendant received the payment order stating that “the instant promotion committee shall pay the Defendant KRW 24 million and its delay damages.” (hereinafter “instant payment order”).

At the time of the application for the instant payment order, the Defendant entered the promotion chairperson of the instant promotion committee as D.

The instant payment order was served on January 15, 2018 at the domicile of the instant promotion committee, and was finalized on January 30, 2018.

C. On May 2019, the Plaintiff obtained authorization for the establishment of a partnership, and comprehensively succeeds to all rights and obligations of the instant promotion committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant entered the chairperson of the promotion committee of this case as "D" and received the decision of the payment order of this case. Since it is reasonable to view the chairperson of the promotion committee of this case as "E" at the time of issuing the payment order of this case according to the result of administrative litigation filed by the promotion committee of this case, it cannot be deemed that the payment order of this case, the promotion committee chairperson of which was D, was lawfully served on the promotion committee of this case, and all procedural acts conducted on behalf of D, are null and void

B. Furthermore, as a criminal judgment of KRW 2 million became final and conclusive due to a violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, D has retired from the office of the chairman of the Promotion Committee of this case as of December 7, 2017. In this regard, the instant payment order was made against an unlawful representative and thus null and void.

3. Determination A.