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(영문) 서울중앙지방법원 2018.07.20 2017나80327
보험금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On February 28, 2011, the Taeyang Housing Reconstruction and Rearrangement Project Association (hereinafter “Seoyang Housing Association”) filed a lawsuit claiming settlement amount under the Incheon District Court Branch Branch Decision 201Gahap1391 (hereinafter “Seo Taedae Construction”) against the Tae Taecheon Construction Co., Ltd. (hereinafter “Seo Tae Taedae Construction”) and was sentenced on July 28, 201 by the above court that “The payment of 297,767,210 won and 20% interest per annum from May 24, 2011 to the day of full payment” was finalized around that time.

B. On August 8, 2013, upon the above final judgment, the non-party association was issued an order of seizure and assignment of claims on August 12, 2013 by requesting the Incheon District Court 2013TTTTB 24561 to issue an order of seizure and assignment of claims with respect to the claims, such as the settlement of accounts related to the construction of a new complex complex on the ground of Taedok-si-dong 462-3 above, the non-party association as the plaintiff of Taedok Construction and the third debtor as the plaintiff. The above order of seizure and assignment of claims became final and conclusive on September 12, 2013.

C. On September 9, 2013, the non-party union, which was the Plaintiff and the third obligor Land Trust Co., Ltd., with respect to the Plaintiff’s trust company’s right to claim for the transfer registration of ownership on the land (462-3 land), filed a provisional attachment order with the Incheon District Court (2013Kahap649) on September 24, 2013 (hereinafter “the provisional attachment order”).

In filing an application for provisional attachment of this case, the non-party association entered into a deposit insurance contract with the non-party association, the plaintiff, the insurance amount of KRW 170,00,000 (hereinafter "the insurance contract of this case"), and issued a deposit insurance policy from the defendant and submitted it to the above court. The main contents of the general terms of the insurance contract of this case are as follows.

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