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(영문) 수원지방법원성남지원 2016.08.12 2015가단11105
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. G reconstruction association (hereinafter “non-party association”) is a reconstruction association under the Housing Construction Promotion Act established to remove the tenement house built on the land outside H and two parcels in the Hanam-si, and construct a new apartment, and the Plaintiffs are members of the non-party association.

B. On June 30, 2009, the non-party association completed the new construction work of J apartment on the ground outside I and five parcels of land, and obtained permission to grant authorization for completion of work from the subordinate market on the ground of the subordinate market on June 30, 2010. On June 15, 2010, the non-party association completed registration of preservation of ownership (Plaintiff A15.07/43.78, Plaintiff B28.71/43.78) with respect to the above apartment No. 101 and 703 (hereinafter “the apartment of this case”).

C. On the basis of the authentic copy of a promissory note No. 2344 (hereinafter “instant authentic deed”), a notary public as one of the law firms filed an application for the attachment and assignment order on the cooperative members’ contribution claims against the non-party partnership’s members, including the third debtor of the non-party partnership, based on the Suwon District Court’s Sung-nam Branch (No. 2009TTTT 11515). The above court cited it on Nov. 30, 2009, and cited it on Nov. 30, 2009, and the above assignment order became final and conclusive.

The defendant et al. applied for the attachment and assignment order of the obligation against the union members including the third obligor of the non-party partnership as above in the Suwon District Court's Sung-nam branch (2010TTTT 16856). The above court accepted the attachment and assignment order on December 7, 2010.

E. On May 17, 2011, the Defendant et al. filed a lawsuit against Plaintiff B with the Dongdong District Court (201Gadan32205). On October 28, 2011, the said court filed a lawsuit against the Defendant for a total amount of KRW 25,66,66,66, E and F, respectively.

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