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(영문) 서울동부지방법원 2018.10.11 2018가단120262
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 6, 2017, the Plaintiff prepared a notarial deed of a monetary loan agreement with the Seoul Metropolitan Government Construction Co., Ltd. (hereinafter “Seoul Metropolitan Government Construction”) stating that KRW 115,00,000 of the leased principal and the due date shall be 25% per annum on January 13, 2017, the full repayment of the loan principal, and the delayed payment shall be 25% per annum, and the Geumcheon Construction did not fully repay the loan.

B. Around May 201, the Seongdong-gu Construction Act is a joint project proprietor with respect to the C-type Housing Reconstruction Improvement Project (hereinafter “S-type Housing Reconstruction Project”) that newly constructs a building facility on the land of Seongdong-gu Seoul Metropolitan Government D, E, F 2,833,37 square meters (hereinafter “instant reconstruction project”). The non-party association provided the land for the project and provided the newly built apartment and welfare facilities as a substitute, and the non-party association completed the construction project after it supplied the new apartment and welfare facilities on the land provided by the non-party association with the necessary project cost and constructed the building facilities on the condition of payment in kind for the land provided by the non-party association (hereinafter “the construction contract in this case”). The construction contract was concluded with the content that the remaining building facilities will be appropriated for the construction cost and the project cost (hereinafter “the construction contract in this case”).

C. On July 30, 2014, the Defendant, a member of the non-party association, completed registration of the preservation of ownership on G apartment No. 703 of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant apartment”). D.

The plaintiff is the debtor, the defendant, and the third party debtor, and the "143,986,301 won with the principal and interest on the sub-construction as the claim claim." In the process of newly constructing the sub-building apartment to the defendant for the sub-construction for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub-building for the sub

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, respectively.

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