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(영문) 서울중앙지방법원 2016.07.21 2015가단5374237
배당이의
Text

1. Defendant . Of the distribution schedule prepared on November 27, 2015 by the same court with respect to the distribution procedure case C by the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. E Housing Redevelopment and Rearrangement Project Association (hereinafter “E”) is a housing redevelopment and rearrangement project association established with authorization from the head of Seodaemun-gu Seoul Metropolitan Government on June 22, 2007 to implement the housing redevelopment and rearrangement project (hereinafter “instant project”) in the Fluri-gu Seoul Metropolitan Government, Seodaemun-gu. The Defendants are the contractors who participated in the said project.

B. In order to support the relocation expenses necessary for the instant business, the non-party union arranged a loan under the pretext of relocation expenses within 50% of the appraised amount. The amount equivalent to 40% of the appraised amount is directly loaned by the lending bank to its members through a housing mortgage loan (hereinafter “first method”) (the interest on the loan”) and the amount equivalent to 10% of the appraised amount is to be loaned by the lending bank to the non-party union to the Defendants, the contractor, who obtained a loan from the lending bank (PF loan) and lent the loan to the Defendants, the contractor, and then again lent the loan to its members (hereinafter “second method”).

C. The Defendants concluded a performance agreement with the union members to whom the moving expenses are leased in accordance with the second method (hereinafter “instant performance agreement”). According to the above agreement, ① the amount of the moving expenses shall be interest-free, and the interest-sharing period of the non-party union on the moving expenses shall be until the date of the actual occupancy during the apartment house designation period notified by the Defendants and the non-party union (Article 1); ② the non-party union or the Defendants did not raise an objection to the measures taken by the non-party union or the Defendants if the union members violate the contract for the sale of the buildings, the contract for the occupancy of the buildings, and the obligation to pay the remainder of the moving expenses, etc. In such case, the non-party union or the Defendants may deprive the union members of their rights and take measures for compulsory credit recovery (Article 2); ③ the Defendants and the Defendants are the Defendants.

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