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(영문) 전주지방법원 2016.06.22 2015가단29666

추심금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) ELD Construction Co., Ltd. (hereinafter “ELD Construction”)

) The E Apartment (hereinafter referred to as the “instant apartment”) is on the ground and above the 13rd parcel in Jeonju-si, Jeoncheon-gu, Seoul.

(2) Defendant B succeeded to the status of the buyer of the instant apartment units 101 and 202, among the instant apartment units, and Defendant C succeeded to the status of the buyer of the instant apartment units 102 and 201.

3) Article 1 of the instant apartment supply contract provides that “The purchaser shall deposit the supply price into the account designated by ELG Construction.” The deposit owner of the designated account stated “Korea Housing Guarantee Corporation (hereinafter “Korea Housing Guarantee Corporation”)” as “Korea Housing Guarantee Corporation (hereinafter “Korea Housing and Urban Guarantee Corporation”) branch.” B) The Plaintiff was served on March 25, 2015 by the notary public of ELG Construction based on the authentic copy of a notarial deed with the executory power under No. 1112, 2014, 2015, 24, 950 won, based on the authentic copy of the e.g., the e., ELG Construction’s e., the claim amount as KRW 24,945,950, and the claim amount as KRW 101, 202, ELGG Construction against the Defendant. The seizure and collection order was issued to the Defendant on March 1, 2015.

2) The Plaintiff, on March 25, 2015, based on an executory exemplification of a notarial deed, No. 11112, 2014, issued by a notary public with respect to EL Construction, the amount claimed as KRW 24,945,950 on March 25, 2015, by the Jeonju District Court 2015, which was KRW 24,950,950 on the basis of an executory exemplification of a notarial deed, which was executed by the former Jeju District Court 2015, the Plaintiff’s seizure and collection order as to the claim for the sale price of the instant apartment No. 102, 201, an apartment

The above seizure and collection order was served on March 30, 2015 to Defendant C.

(c) The Housing and Urban Guarantee Corporation;