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(영문) 서울중앙지방법원 2015.10.16 2014가합49017
청구이의
Text

1. Of the instant lawsuit, Seoul Central District Court C’s claim for the suspension of the distribution procedure regarding the compulsory auction of real estate.

Reasons

In fact, the owners of the land D and 27 parcels, including the Plaintiff of the instant construction cost claim, established the E Union to remove the above land’s house and newly build and sell the apartment house on May 2006.

On April 30, 2008, E Union and its members concluded a contract with the Defendant on the ground of the instant land by setting the new construction cost of an apartment (hereinafter “instant apartment”) at KRW 12.7 billion for construction work, and the Defendant completed the said construction work on September 30, 2009.

After the completion of the construction work, the Defendant filed a lawsuit against E Union and its members on August 23, 2010 against the Seoul Central District Court 2010Gahap86780, and the said court rendered a judgment on November 10, 2011 that “F among its members, shall pay 2,126,54,000 won, and damages for delay to each of the said money jointly with F (hereinafter “the final judgment of this case”) jointly with F, and the said judgment became final and conclusive on December 22, 2011.

(2) On June 30, 2010, the Plaintiff, the Plaintiff, and some of the members of the instant association, jointly and severally agreed on the instant loan obligations (hereinafter “instant loan”). On June 30, 2010, the instant indemnity payment claim E cooperative received loans of KRW 1.236 million from each of the Samsung Mutual Savings Bank, Samsung Mutual Savings Bank, Inc., Ltd., and Kosung Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank,” and “Seoul Mutual Savings Bank,” and collectively, “the instant loan”). On June 30, 2010, a notary public took charge of promissory notes, the date of which the payment was due, issued, and the date of which payment was made, with respect to the instant loan obligations.

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