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(영문) 서울서부지방법원 2016.07.08 2015가단242316
배당이의
Text

1. The above court's distribution procedure in the display of "distribution case" among the attached dividend calculation table in the Seoul Western District Court's attached table of the Seoul Western District Court.

Reasons

1. Basic facts

A. The plaintiffs are the former members of the P Housing Redevelopment Project Association (the instant association) which was authorized to establish June 22, 2007, and the defendant is the contractor of the redevelopment project implemented by the instant association.

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, during the period from July 2008 to July 2009, the Defendants leased money indicated in the separate sheet of calculation of dividend to the Plaintiffs, and completed the registration of the establishment of a mortgage covering the amount equivalent to 130% of the loan of this case to the real estate owned by the Plaintiffs in the business area, with the maximum debt amount.

Upon receipt of the instant loan, Q (the decedents A, B, and C), Plaintiff D, E, H, I, and the Defendants agreed to perform the duty of moving expenses. The principal contents of the instant loan are interestless and repaid until the date of moving in during the period of designation of moving in. The period of interest-sharing by the union is the date of actual moving in during the period of designation of moving in, and if a partner violates the obligations of the union, such as the conclusion of the contract for sale in lots, the agreement for moving in, and the payment of remainder, etc., the union or the Defendants did not object to the measures taken by the union or the Defendants, and if a partner fails to perform his obligations, the union or the Defendants may deprive the union members of their rights and take measures for compulsory credit collection after notifying the union members of the performance of their obligations within a fixed period of not more than 10 days.

E. Plaintiffs F and G.

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