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(영문) 서울동부지방법원 2013.11.27 2013가합101706
정산금 등 청구의 소
Text

1. The Defendant amounting to KRW 845,728,542 to the Plaintiff and KRW 5% per annum from January 19, 2013 to November 27, 2013.

Reasons

1. Facts of premise;

A. The defendant removed the apartment and commercial building built on the 22 and 4 lots of Songpa-gu Seoul Songpa-dong, Songpa-gu, and constructed a new apartment and commercial building on the site (hereinafter "the project in this case"), and the reconstruction association established by the members of the sectional owners of the apartment and commercial building with the consent to the reconstruction as its members, and the plaintiff is an unincorporated association established by the sectional owners of the sericultural 2 building and commercial building in the project area of this case among the defendant's members.

B. On December 19, 200, the Plaintiff and the Defendant agreed to the so-called independent settlement system, which is to be implemented externally according to the Plaintiff’s independent authority, although the work related to the reconstruction of commercial buildings is externally in the name of the Defendant, and accordingly, the Plaintiff independently carried out the reconstruction of commercial buildings, including the preparation of operating expenses, the design of commercial buildings, the financing of construction costs, the evaluation of the previous assets and the end assets of commercial buildings

C. After completion of the construction of the apartment and commercial building of the instant project, the completion of the construction was decided on July 31, 2008, and the occupancy procedure of apartment was completed until September 28, 2008.

However, with respect to the agreement on the independent settlement system, disputes arise over the sale of general sale and the distribution of profits between the Plaintiff and the Defendant, and the Defendant, as the external nominal owner of the instant business, rejected the receipt of the report on the sale of commercial buildings and the seal of the sales contract required by the Plaintiff

Accordingly, the plaintiff filed a provisional disposition and indirect compulsory performance against the defendant as Seoul Eastern District Court 2007Kahap2524, and received the decision of acceptance on January 16, 2008, and the defendant refused to accept documents, etc. after the above decision of indirect compulsory performance. Thus, the plaintiff received the claim attachment and assignment order or collection order as to the defendant's deposit claim based on the above decision of indirect compulsory performance.

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