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1. The Plaintiff:
A. Defendant B’s KRW 12,147,769 as well as 5% per annum from December 27, 2016 to January 17, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an occupant management committee comprised of sectional owners of the Subdivision Atel in Seongbuk-gu, Sungnam-si (hereinafter “instant officetel”).
B. On May 14, 2004, Nain Development Co., Ltd. (hereinafter “Nain Development”) completed the registration of ownership transfer with respect to each of the above officetels among the instant officetels Nos. 201, 301, 302, 303, 304, 305, 306, 307, and 331. After concluding a land trust contract with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on July 21, 2006, it completed each registration of ownership transfer with respect to each of the above officetels on the ground of the said trust contract.
C. As to each of the above officetels, the Plaintiff created a virtual lake called “Z-401” and imposed management fees.
On December 8, 2011, D Co., Ltd. (hereinafter “D”) completed the registration of transfer due to the sale of the instant officetel Nos. 201, 301, 302, 303, 305, and 331 (hereinafter collectively referred to as “instant 201, etc.”) among the instant officetels.
E. The instant Nos. 301 was divided into Nos. 3024 and 3033 (hereinafter collectively referred to as “instant Nos. 3024,” and “instant Nos. 3024,” and the Plaintiff B purchased each of the instant Nos. 3024 on November 14, 2012, and E on January 10, 2013, and completed the registration of the transfer of each of the instant No. 3033 on January 25, 2013.
After that, Defendant C completed the registration of ownership transfer on August 5, 2015 for the instant 3033 due to voluntary auction.
F. Meanwhile, with respect to the instant 201 et al., the Plaintiff received a provisional attachment order on May 20, 2008 from August 1, 2006 to March 31, 2008 with the total of KRW 1,366,789,720 as the claim amount.