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(영문) 서울중앙지방법원 2018.05.16 2017나81887

배당이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) On the basis of the executory exemplification of the judgment in the case of compensation for damages, the Plaintiff, based on the Busan District Court 201Gahap781, Busan District Court 2011. On December 20, 2013, the Defendant Hyundai A&C Construction Co., Ltd. (hereinafter “N&C Construction”) as the Seoul Central District Court 2013TC Construction Co., Ltd. (hereinafter “N&C Construction”).

2) As to the third obligor D and 18 others, “The amount up to 883,139,000 won out of the claim for the return of additional relocation expenses incurred from a reconstruction project held against the third obligor,” the third obligor’s seizure and collection order (hereinafter “instant seizure and collection order”).

2) On the basis of the executory order for the payment of construction cost case in Seoul Central District Court Decision 2008 tea105316, the Defendant: (a) on April 2, 2014, the third obligor 1928, the Seoul Central District Court Decision 2014TC Construction’s order for seizure and collection (hereinafter “instant order for seizure and collection”) as to “the amount until it reaches KRW 606,057,133 out of the expenses for relocation and payment to the occupants and the prepaid members of the A&C Construction Association in Busan Seo-gu, for the third obligor 19.

(2) On July 15, 2014, the court issued a seizure and collection order (hereinafter “the third seizure and collection order of this case”) as to the 14 remaining 19 debtors, excluding W, J, K, L, and S, among the 19 debtors of Hyundai A&C construction, as indicated in paragraph (1) of the same Article, as of July 15, 2014. < Amended by Presidential Decree No. 20187, Jul. 19, 2014; Presidential Decree No. 20613, Feb. 14, 2014>

B. 1 The Plaintiff obtained authorization to establish an association around July 2007 to implement a project for the reconstruction of A located in Seo-gu, Busan.