(영문) 의정부지방법원 고양지원 2018.05.02 2017가단6675

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(영문) 의정부지방법원 고양지원 2018.05.02 2017가단6675

추심명령에 의한 추심

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The land of this case was co-owned by the owner of the building of this case, and was co-owned by the owner of the building of this case. The land of this case was owned by the owner of the building of this case.

The co-owners of the land of this case shall establish a Do reconstruction association (hereinafter “non-party association”) for the purpose of reconstruction (the removal of the old building, the construction of the main complex building on the fourth floor and the fourth floor above the ground, and the reconstruction of this case). The co-owners of the land of this case shall establish a Do reconstruction association (hereinafter “non-party association”). The association establishment registration was completed on August 21, 200 and September 22, 2003.

B. The members of the non-party association concluded a trust agreement with the non-party association (hereinafter “instant trust agreement”) to smoothly promote the instant reconstruction project, and transferred their shares of co-ownership of each of the instant land from November 2000 to the non-party association. On February 20, 2002, the entire co-ownership of the instant land was transferred to the non-party association on the grounds of trust.

C. On August 18, 2001, the non-party union ordered the reconstruction construction of this case to E Co., Ltd. (hereinafter “F”), and the F completed the construction of the main complex building in the name of “G” (hereinafter “the instant building”) on the instant land, and obtained the approval for the use thereof on January 5, 2009.

On June 24, 2002, a management and disposal plan was formulated for the sale standards for the commercial buildings and apartment buildings of this case, for the liquidation of the members' charges and applicants for parcelling-out, etc., and on August 18, 2004, at the general meeting of the members held on August 18, 2004, a management and disposal plan was finalized for the whole members of 199. The 133 members including H, the defendant's wife, and the 133 members including H (hereinafter referred to as "cash liquidation members") decided to receive the liquidation money, not

E. On October 11, 2010, the Plaintiff against the non-party partnership.

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