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(영문) 서울중앙지방법원 2016.11.23 2014가단5021031

부당이득금

Text

1. The defendant distributed to the plaintiffs the defendant in the distribution procedure of Suwon District Court Sung-nam Branch E. 65.

Reasons

Basic Facts

The G reconstruction association for the plaintiffs F is a reconstruction association under the old Housing Construction Promotion Act, which obtained the authorization to establish the housing association from the subordinate market on July 5, 2002, with owners as its members, in order to remove the tenement house constructed on the land outside H and two lots in order to construct a new apartment.

F, I, J, and K are members of the above union.

On November 30, 2009, the Plaintiffs issued an execution certificate of KRW 2,950,000 (No. 2344, 2009, a notary public as one of the law firms) with a title to execute the above partnership's face value of KRW 1,560,00,000 (No. 2344, 209). The Plaintiffs were issued an order of seizure and assignment of claims for KRW 1,560,00,00 among the union members' contributions to F of the above union (U.S. District Court Sungnam Branch 2009, No. 11515, Apr

On December 7, 2010, the Plaintiffs were issued an order of seizure and assignment of claims as to KRW 34,33,333 of each of the same claims against F and J as the same claims against F and J (U.S. District Court Decision 2010 S. 16856), which became final and conclusive on February 25, 2011.

(B) From the following point of view, the plaintiffs filed a lawsuit against F to claim full payment based on each assignment order of this case and "F shall be 49,557,300 won (=15,600,000 won 33,957,300 won) and 15.6 million won among them, from April 6, 2010 to 33,957,300 won shall be 5% per annum from December 10, 2010 to June 22, 2012; "F shall be 20% per annum from the following day to June 22, 2012; 305% per annum from the following day to the date of full payment; 1.6% per annum from the date of provisional execution to the date of full payment; 3.6% per annum from the date of full payment; 1.65% per annum from the date of full payment to the date of full payment; 3.65% per annum from 20165,2005.7.3 billion won per annum.