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(영문) 서울중앙지방법원 2018.03.29 2016가단107286
지료
Text

1. Attached 6’s “Defendant” means the Defendant (Appointed Party), the Defendants, and the Defendant’s designated parties, as indicated above, to the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. On January 12, 2002, U-Gun housing association, a reconstruction association organized for reconstruction of U-Gun Housing, started construction works on the ground of five lots, including Trannam-si 1,685 square meters (hereinafter “instant land”). On the ground, the construction works on the reinforced concrete apartment of the 1st floor and the 8th floor above ground (22 households among the total 41 households, and 19 households in general among the members, and hereinafter “instant apartment”).

B. Meanwhile, the members of the above U-N Housing Association were the right holder of 1/22 of the above five parcels of land. From October 2000 to December 12 of the same year, each of the above five parcels of land was reconstructed to reconstruct the apartment building of this case, and was loaned the moving expenses from Co., Ltd. V (W Co., Ltd. before the alteration; hereinafter “V”) to move expenses between October 200 and December 2, 200, the members of the above U-N Housing Association set up a collateral security right of 39,00,000 won for each of their respective shares

C. On May 16, 2002, the members of the above U District Housing Association entrust each of their respective 1/22 shares of the above land to the above U District Housing Association and completed their registration.

The apartment of this case was completed on November 28, 2003, and the members of the above U-Regional Housing Association moved into the apartment of this case around that time, and X Y (including shares) among the members, and Z moved into the apartment of this case after selling the AA (including shares).

E. However, as X and Z fail to repay the moving expenses for V, it is above the portion of each of the instant land trusted by them to the above UN Housing Association.

Voluntary auction based on the right to collateral security (U.S. District Court Sungnam Branch AB), and AC purchased part of the Z trust on December 22, 2006, AD and AE on February 9, 2007, respectively, in the above auction procedure.

F. On the other hand, on April 19, 2007, the procedure for compulsory auction against the apartment Y of this case that X purchased, was initiated for Suwon District Court Sungnam Branch AG upon the application of the AF Co., Ltd., a contractor.

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