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(영문) 서울중앙지방법원 2016.11.25 2016나41851
손해배상(기)
Text

1. The plaintiff's primary claim added in the trial and the plaintiff's appeal are all dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The defendant is a housing remodeling association established with members who consent to remodeling among the sectional owners of the above apartment for the purpose of the remodeling project in Gangnam-gu Seoul Metropolitan Government, and the housing remodeling association B and C (hereinafter "B, etc.") are co-owners of the above apartment Nos. 101 and 108 (hereinafter "the apartment of this case") with 1/2 shares as to the above apartment No. 108 (hereinafter "the apartment of this case"), and the plaintiff is a creditor B.

B. On March 10, 2011, B, etc. of the instant trust contract and a contract for the payment of contributions, the real estate trust agreement with the Defendant regarding the instant apartment (hereinafter “instant trust agreement”) is deemed as the instant apartment.

On April 5, 2011, B, etc. entered into a contract with the Defendant to pay a total of KRW 351,845,812 as the contributions to the instant apartment (hereinafter “instant contract for the payment of contributions”) on June 27, 2011, which is the execution company of the instant remodeling project, Samsung C&T, the Si corporation, and the members of the instant apartment project, as a result of the remodeling of the instant apartment (hereinafter “instant contract for the payment of contributions”).

C. 1) The Plaintiff: (a) the obligor B and the Defendant are the garnishee; (b) the Plaintiff claims KRW 9,454,787 out of the Plaintiff’s loan claims against B; and (c) the Seoul Central District Court Order 2012Kadan16064, March 23, 2012, “B withdraws from the position of the Defendant as the Defendant’s partner,” as the Seoul Central District Court Order 2012Kadan16064, the provisional attachment order of the claim against “9,454,787 won out of the claim for the payment of liquidation money against the instant apartment to be paid by the Defendant” (hereinafter “provisional attachment order 1”).

The above decision was served on the Defendant on April 16, 2012. ② On April 3, 2012, Seoul Central District Court Decision 2012Kadan16063 (hereinafter “Decision on Provisional Attachment No. 2 of this case”) against “B’s right as a partner, such as the right to claim for ownership transfer registration against the Defendant” as the Seoul Central District Court Order No. 2012Kadan16063.

on April 9, 2012, the above decision was received and rendered.

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