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(영문) 의정부지방법원 2015.04.16 2014나6733
추심금반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On March 8, 2012, the Plaintiff filed a lawsuit against the Plaintiff for the return of subscription amount (the Jung-gu District Court 2012Gahap3736 case). On January 3, 2013, the said court rendered a judgment that “The Plaintiff shall pay to the Plaintiff KRW 300,000,000 and interest calculated at the rate of 5% per annum from February 26, 2004 to January 3, 2013, and 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive around that time.

B. The plaintiff is the above A.

Based on the judgment stated in the item above, the Government-si against the Defendants of Gyeongwon Urban Development filed an application for a collection order for the seizure and collection of the claims for all management expenses incurred in relation to each individual store of H Station, underground passage and underground shopping districts (hereinafter “instant underground shopping districts”) located outside G and 13 lots (hereinafter “instant underground shopping districts”) on January 31, 2013 (hereinafter “instant seizure and collection order”), and the said decision was issued on February 4, 2013 (hereinafter “instant order”). The original copy of the said decision reached the Defendants on February 4, 2013.

Article 2 (Purpose) The ASEAN Construction Industry is to supply and demand a new construction project for underground shopping districts to the development of the Gyeongwon City, to complete the construction project, and deliver it to the development of the Gyeongwon City, and the development of the Gyeongwon City shall pay the construction cost, etc. to the

Article 3(a)(a) of the Gyeongwon City Development has the right to lease, sell and operate underground shops in the policy of the Government of the Council. (b) The ASEAN Construction Industry has a right to claim construction costs in accordance with the progress ratio of the new construction works of underground shops.

Article 4 (Management of Sales Funds) The proceeds from sales shall be managed as follows until the development of a Do-won City fully pays the construction cost to the Do-won Construction Industry: (A) The proceeds from sales shall be jointly managed by the Dong-won Construction Industry and the Do-won Urban Development and shall be deposited in a joint account with a designated bank. (b) When a contract for the sale of commercial buildings is entered into, the Dong-won Construction Industry and the Do-won Urban Development shall be determined by consultation with the employees prior to

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