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(영문) 광주지방법원 2019.10.18 2019가단506317
집행문부여에 대한 이의의 소
Text

1. The service costs of the Gwangju District Court 2018dan526314 between the A regional housing association establishment promotion committee and the defendant;

Reasons

1. Basic facts

A. On July 29, 2016, a promotion committee for the establishment of a regional housing association for the establishment of a regional housing association for the housing redevelopment project of the Dong-gu Seoul Metropolitan City (hereinafter “instant association”) entered into a membership recruitment service agreement (hereinafter “instant service agreement”) with the Defendant to recruit its members and to pay KRW 5,500,000 per each member recruited by the Defendant to the Defendant by the promotion committee for the establishment of the instant association.

B. The Defendant recruited 83 members in total pursuant to the instant service contract from September 2016 to December 2, 2016. However, the committee for promotion of the establishment of the instant association paid only KRW 364,810,328 out of the service costs under the instant service contract to the Defendant and did not pay the remainder of KRW 137,14,827.

C. On April 9, 2017, the Plaintiff recruited its members through the activities of the promotion committee for the establishment of the instant association, held an inaugural general meeting of the association and obtained authorization to establish a regional housing association from the Gwangju Dong-gu Office on August 24, 2017.

However, on August 17, 2018, the Plaintiff obtained authorization for the establishment of the instant association, the Defendant filed a lawsuit against the Gwangju District Court 2018da526314 against the Promotion Committee for the Establishment of the instant association (hereinafter “instant lawsuit”), and the head of the complaint served on the Promotion Committee for the Establishment of the instant association (hereinafter “instant lawsuit”), see Evidence 1 No. 9, the representative director of the association agent, was served (the service report is deemed to be an employee of the Promotion Committee for the Establishment of the instant association, and the signature was refused). The instant judgment became final and conclusive as it became final and conclusive by the judgment of the Defendant due to the failure to submit a written reply by the Promotion Committee for the Establishment of the instant association (hereinafter “instant judgment”).

E. The defendant shall succeed to the execution clause based on the original copy of the judgment of this case in order to enforce compulsory execution against the plaintiff.

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