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(영문) 인천지방법원부천지원 2016.01.15 2015가합102414

제3자이의

Text

1. The defendant's land reconstruction association has the executive force of the Incheon District Court Decision 2008Gahap 13780 decided Oct. 1, 2009.

Reasons

1. Basic facts

A. C reconstruction association (hereinafter “instant association”) is a reconstruction association established on August 21, 200 for the purpose of constructing a main complex building on the fourth and fourth floors above ground (hereinafter “instant building”) by implementing a reconstruction project of commercial building located in the area of 4,308 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu D (hereinafter “instant land”).

B. On August 18, 2001, the instant association entered into a joint construction contract for the construction of the instant building (hereinafter “instant construction contract”) with the Sejong Construction Co., Ltd. (hereinafter “Syoung Industrial Development”) (hereinafter “Syoung Construction”) on a joint construction contract with the instant association (hereinafter “instant construction contract”).

(2) According to the instant construction contract, the Plaintiff invested the instant land as a business site, and the detailed industry development, which is a contractor, jointly built the instant building by investing building costs and labor, and the completed building was to be distributed according to the agreed share ratio.

(i) The total area of the instant building, excluding parking lots, 1,878 square meters, out of 9,847 square meters, was sold to the members of the instant association, and the remainder was sold by the City Corporation to the general public and appropriated for the construction cost, etc.

On September 28, 2001, concerning the establishment of the right to collateral security and partial transfer of shares in the right to collateral security (1) on the land of this case, the establishment of the right to collateral security and the right to collateral security was completed on September 28, 2001, with respect to the development of the business of the right to collateral security, the development of the business of the right to collateral security, the debtor, the association of this case, and the maximum debt amount of KRW 6.95 billion (hereinafter referred to as the "right to collateral security," hereinafter referred to as the "right to collateral security").

(2) Afterwards, the development of the so-called “Seong Capital” (hereinafter referred to as “Seong Capital”) shall have some of the instant equity interest in the instant collateral security against the Plaintiff and Sam Young Capital Co., Ltd.