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(영문) 수원지방법원 2017.02.09 2016나15430
배당이의
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. The total cost of the lawsuit is Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. G reconstruction association (hereinafter referred to as “non-party association”) is a reconstruction association under the Housing Construction Promotion Act established to remove the apartment houses built on the land outside H and two parcels in the Hanam-si, and construct a new apartment house (authorization of July 5, 2002, registration of August 29, 2003, and registration of incorporation of August 29, 2003), and the Plaintiff and the Selection A (hereinafter referred to as “Plaintiffs”) are members of the non-party association.

B. On June 30, 2009, the non-party association completed the new construction work of J apartment on the ground outside I and five parcels of land, and obtained permission to grant authorization for completion of work from the subordinate market on the ground of the subordinate market on June 30, 2010. On June 15, 2010, the non-party association completed registration of preservation of ownership (designated A15.07/43.78, and Plaintiff 28.71/43.78, respectively) with respect to the above apartment No. 101 and 703 (hereinafter “the apartment of this case”).

C. Based on the original copy of a promissory note No. 2344 (hereinafter “instant authentic deed”), a notary public as one of the law firms filed an application for the attachment and assignment order against union members, including the third debtor of the non-party partnership, on November 30, 2009, on the basis of the original copy of the Sungwon District Court’s Sung-nam Branch (No. 2009TTT 11515), the Defendant (designated parties, hereinafter “the Defendant”), the appointed parties, E, and F (hereinafter “the Defendant”), and the above court cited it on November 30, 209. The above attachment and assignment order became final and conclusive.

The Defendants applied for the attachment and assignment order of the obligation against the union members, including the third obligor of the non-party partnership, for the attachment and assignment order of the obligation against the union members, as seen above in the Suwon District Court Sung-nam Branch (2010TTTT 16856). The above court accepted the attachment and assignment order on December 7, 2010.

E. On May 17, 2011, the Defendants filed a suit with the Seoul Eastern District Court (201Gadan32205) against the Plaintiff, and the said court on October 28, 2011 “Plaintiff” shall be the Defendant, 25,66,666 won, and the designated parties.

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