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(영문) 의정부지방법원고양지원 2016.11.10 2016가단10233
배당이의
Text

1. Of the distribution schedule prepared by the said court on April 28, 2016 in the distribution procedures set forth in the Goyang District Court Goyang Branch B, the said court is against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff is a current or former member of CHousing Redevelopment Project Association (hereinafter “instant partnership”) with the authorization of the establishment on June 22, 2007, and the Defendants are the contractors of the redevelopment project implemented by the instant partnership.

B. The association of this case arranged a loan under the pretext of moving expenses within 50% of the appraised value of real estate of its members. The amount equivalent to 40% of the appraised value is directly loaned by the new bank to its members through a housing mortgage loan (interest on a loan is borne by the association of this case) and the amount equivalent to 10% of the appraised value was loaned by the association of this case to the Defendants after receiving a loan from the new bank (PF loan) and lending it to the Defendants.

C. Accordingly, on September 17, 2008, the Defendants: (a) completed the establishment registration of a mortgage of KRW 58.5 million equivalent to the loan of KRW 130 million on the land owned by the Plaintiff in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) on December 1, 2008, leased the Plaintiff KRW 45 million in total, plus KRW 15 million, around December 1, 2008.

(hereinafter “instant loan”). D.

Upon the receipt of the instant loan, the Plaintiff et al. and the instant association and the Defendants agreed to perform the obligation following the payment of moving expenses. The main contents of the instant loan are interest-free and repaid until the date of moving in during the period designated for moving in. The interest-sharing period of the association is the period designated for moving in, and the association’s interest-sharing period is the period until the date of moving in, the actual occupancy. In a case where a partner violates the obligations, such as the conclusion of a contract for sales in lots, occupancy, and payment of balance, etc., the association or the Defendants did not raise an objection to the instant measure, and in a case where a partner fails to perform his obligations, the association or the Defendants may deprive the union members

E. The plaintiff.

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