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(영문) 서울북부지방법원 2020.06.18 2019가합931
양수금일부청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 20, 1989, the Plaintiff was married with D, his/her father, who was married with C, but was married on September 10, 2015.

On February 7, 2003, the Defendant is a reconstruction improvement project association established to promote the reconstruction project of three units of land B-B houses and 13 lots of land, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and the reconstruction project of three units of land (hereinafter “instant reconstruction project”).

B. In order to promote the instant reconstruction project, the Defendant entered into a contract for construction works with the F Co., Ltd. (hereinafter “F”), and around July 2010, the Defendant entered into a construction contract with G Co., Ltd. (hereinafter “G”) on the land provided by the Defendant for the removal of the existing building, the construction of the apartment and its appurtenant and welfare facilities, and entered into a construction contract with G to cover the costs of the construction works with the members’ contributions and the sales price for the general sales portion, and thereafter, G completed the new construction of the apartment around March 201.

C. After that, on April 9, 2012, the Defendant’s members moved into each apartment allocated according to the approval of provisional use for the above apartment.

However, around July 2012, H, a creditor of the defendant, applied for a compulsory auction against 33 households, including the general allotment 30 households (the registration of preservation of ownership in the name of the defendant due to the commission with respect to the above apartment, was completed). On April 23, 2015, I Co., Ltd. received all the above objects of auction on and completed the registration of ownership transfer on May 6, 2015, and completed the registration of ownership transfer on May 6, 2015, and through a trouble in the reconstruction project of this case, such as a dispute over the lien between G and G, the defendant has not yet been approved for the use of the above apartment.

C (B) On May 4, 2006, as a member of the Defendant’s association, was loaned KRW 200,000,000 from K Co., Ltd. (hereinafter “K”) with joint and several surety such as F on May 4, 2006, at the rate of 12% per annum, and at the rate of delay compensation rate of 23% per annum, and K was loaned by C.

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