1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The premise facts are as follows: (a) the Plaintiff received the order of seizure and collection from the court of this Court 2016TTT 4862 against the Defendant of the B Apartment Rebuilding Project Association (hereinafter “instant reconstruction Association”); and (b) the decision was served on the Defendant, who is the garnishee, on August 24, 2016.

A claim to be seized and collected: The Defendant submitted a “project participation proposal” to be selected as a contractor for the instant reconstruction association on May 31, 2010, pursuant to the former B apartment reconstruction project participation proposal (including the construction cost of the company under the conditions III (2) of the project participation plan) and the construction contract between the instant reconstruction association and the Defendant on June 28, 2010, pursuant to the B apartment reconstruction construction contract (Article 14 and the settlement of the partnership investment cost) between the instant reconstruction association and the Defendant. On May 31, 2010, the Defendant submitted a “project participation proposal” to select the instant reconstruction association as a contractor for the instant reconstruction association. Among them, the Defendant stated that the “project cost to be borne by the company” within the limit of KRW 80 million for all the expenses incurred by the association as of May 31, 2010.

On June 28, 2010, the defendant was selected as a contractor and entered into the instant reconstruction association and the construction contract.

Article 14 of the Agreement, like the foregoing project participation proposal, states that “The Defendant shall subsidize the expenses that the partnership has invested within the limit of KRW 800 million, and KRW 300 million out of them shall be paid within five days after the general meeting passes a resolution, and the remainder shall be paid at the time of relocation after approval of the management and disposal plan.

On July 24, 2010, the Assembly approved the selection of the contractor and the conclusion of the contract.

[Ground of recognition] Unsatisfy, entry of Gap 2-5 evidence, and argument of the parties to the whole pleadings

A. The Plaintiff’s assertion is obligated to pay KRW 80 million to the instant reconstruction association pursuant to Article 14 of the Construction Contract Act, and among which, 300 million won was agreed to be paid immediately after the resolution of the general meeting.

The defendant is the plaintiff who is the collection right holder of the union.