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1. Defendant B shall be entitled to the payment of 106 dong 403 from the Seoul Yangcheon-gu Rebuilding Housing Association on the ground of the Yangcheon-gu Seoul E-gu apartment.
Reasons
1. Basic facts
A. On January 29, 2003, the Plaintiff filed a lawsuit with the Seoul District Court No. 2002Gadan92677, against the Plaintiff for damages, and was sentenced to the Plaintiff on September 18, 2000 to pay to the Plaintiff 18% per annum from September 18, 2000 to September 24, 2002, 25% per annum from the next day to September 24, 2002 (hereinafter “instant judgment”). The above judgment became final and conclusive around that time.
B. The instant association is a cooperative established to promote a reconstruction project of the Dlue House (hereinafter “instant project”) which is an aggregate building in Yangcheon-gu Seoul Special Metropolitan City E Forest and E,261 square meters (hereinafter “instant site”), and the Defendant, etc. is each sectional owner of Dlue House, and is a member of the instant association.
C. On September 4, 2006, the Defendant, etc. concluded each contract for the sales of the apartment units reconstructed with the instant association (hereinafter “instant apartment units”) with respect to each of the allocated housing units (hereinafter “instant sales contract”). D.
The apartment of this case was already completed at least 99% in September 2007, and the construction was completed at a certain point of time, but the construction was actually completed to the extent that it is possible to move in at a certain point, but the boundary of the neighboring land, the creditors of the association of this case did not obtain approval for use due to the registration of restriction on rights such as provisional seizure, the lack of funds for completion, and other various circumstances.
E. From July 2007, the occupancy of the apartment of this case began, and at least 60 households among the 88 households of the association of this case paid a contribution, etc., and completed the occupancy, and on February 20, 2008, each registration of ownership preservation was completed in the name of the association of this case due to the commission of registration of provisional attachment on February 20, 208.
F. The plaintiff.