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(영문) 수원지방법원안산지원 2016.12.09 2015가단21905
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship between the Defendant and C is one between the Defendant and the Defendant: (a) The Defendant is the members D 2,054m2,054m2 from the Korea Water Resources Corporation (hereinafter “instant land”).

(2) On May 2, 2002, a non-corporate group consisting of fishermen who have acquired the right to parcel out of 1,869 square meters among the land in this case and E, F, G, H, I, J, and K (hereinafter “E”) concluded a construction contract with C to construct a commercial building on the land in this case (hereinafter “instant construction contract”) with C on May 2, 2002, where the Defendant and the instant land acquired the right to parcel out of the remaining part of 1,869 square meters.

According to the construction contract of this case, the defendant and six other parties provide the land of this case, complete the building of this case by inserting the construction cost, and pay the land price in lieu of the whole sales facility of the first floor to the defendant and the defendant E and six others, and the construction cost was appropriated as the sale price received by selling the part other than the first floor.

(2) On November 21, 2003, the Defendant and C added part of the object of accord and satisfaction to the second floor, and revised the construction contract of this case) and six other parties E and C completed the registration of ownership transfer of their shares from the Korea Water Resources Corporation around October through November 11, 2005. On the other hand, the Defendant’s right to claim for ownership transfer registration of the Korea Water Resources Corporation was provisionally attached by L, M, 13, 00, 00, 00, 80, 80, 000, 00, 000, 00, 00, 00, and 11. At that time, C and C were unable to receive the registration of ownership transfer due to partial unpaid payment to the Korea Water Resources Corporation. At that time, O, the head of the Defendant’s association at the time, was introduced by Q and R through P, the O’s will in the process of raising funds necessary for the cancellation of each provisional attachment and full payment of the remaining sales price.

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