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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On July 2018, C Regional Housing Association (hereinafter “Association”) and D, a company that is its agent, concluded a fund management agency contract with the Defendant regarding “the new apartment construction project of the Gangnam-si District Housing Association, Gangwon-si, the Association.” The main contents of “A” are as indicated in the attached Table (hereinafter “A”) and “B” refers to both the Defendant and the Defendant.
B. (b) On May 16, 2019, the Plaintiff filed a lawsuit against the association seeking payment of the “wages, retirement allowances, and office operating expenses paid to the union chief at the time of the operation of the head of the association.” As a result, on November 25, 2019, the Plaintiff: (a) paid KRW 37,050,000 to the Plaintiff by December 31, 2019; (b) issued a settlement recommendation to the effect that “in addition to delayed damages by 12% per annum” was finalized around that time (hereinafter “relevant case”).
On the other hand, the Plaintiff, as of May 27, 2019, seized the amount of KRW 38,716,960 on his/her union’s wage, retirement allowance, and claim for payment on behalf of the Plaintiff as the right to preserve, and as of May 27, 2019, “all claims, such as profits, profits, and settlement money, that the union would have received from the Defendant due to the termination of the trust agreement or the trust agreement with the Defendant”. However, on January 9, 2020 after the decision of recommending the settlement of the relevant case became final and conclusive, the Plaintiff was issued a collection order (hereinafter “pre-sale order”) to transfer the provisional seizure of KRW 37,050,000 out of the amount of the provisional seizure as at 2421 and was issued a collection order (hereinafter “pre-sale collection order”).
(d)
In addition, on January 22, 2020, the Plaintiff paid to the partnership and the Defendant KRW 37,050,000 according to the previous collection order to the Plaintiff, and the Union requested the Defendant to pay funds for the above collection order.