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(영문) 서울중앙지방법원 2014.09.26 2014나7703
채권양도절차이행 등
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B shall enter the attached Form in relation to the Defendant C Housing Association.

Reasons

1. Facts of recognition;

A. On February 5, 2003, Defendant B agreed with Defendant C’s association (hereinafter “Defendant C’s association”) to receive KRW 4,388,00,00 (hereinafter “instant settlement amount”) as the remaining settlement amount as indicated in the attached Form, along with the supply of 32 square-type apartment-type 1 bonds newly built in return for the supply of the said apartment-type 1 bonds (hereinafter “instant apartment-type 1”) as the site for the apartment-type project promoted by the Defendant Cooperative, Dongjak-gu Seoul Metropolitan Government, which is its own ownership, as the site for the apartment-type construction project promoted by the Defendant Cooperative.

B. On March 10, 2006, Defendant B transferred the right to receive the instant apartment and the instant claim for the settlement of accounts to the Plaintiff.

C. The instant apartment was completed on September 25, 2012 and occupied.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim for notification of the assignment of claims to Defendant B, Defendant B is obligated to notify the Defendant Union, which is the debtor, that the claim for the instant settlement amount was transferred to the Plaintiff.

3. Determination as to the Defendants’ claim for monetary payment

A. In the future, the subjective preliminary co-litigation sought in advance the payment of the instant settlement amount from the Defendant Partnership on the condition that the Defendant Partnership would be notified of the transfer of the instant settlement amount from the Defendant Partnership. On the other hand, the Plaintiff sought in advance the return of unjust enrichment equivalent to the instant settlement amount in preparation for the case where the Defendant B had already received reimbursement from the Defendant Partnership and the claim for the instant settlement amount was extinguished

As a claim against the Defendants cannot be legally compatible, it constitutes a subjective preliminary co-litigation pursuant to Article 70 of the Civil Procedure Act.

Upon examining the purport of the claim, the plaintiff's notification of the assignment of claim to the defendant B and the claim for monetary payment are made mainly and ancillary.

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