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(영문) 서울북부지방법원 2018.09.13 2018가합23173
강제집행에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a housing reconstruction project association that obtained authorization from the head of Nowon-gu in Seoul Special Metropolitan City on August 8, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and completed registration of incorporation on August 27, 2008 for the purpose of promoting a reconstruction project for multi-family housing and ancillary facilities on a site of 32,303 square meters in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant rearrangement zone”).

The Plaintiff filed a lawsuit as Seoul Northern District Court 208Gahap8656, and filed a claim for the sale of the instant real estate in accordance with Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and filed a claim for the correction of a party’s indication as C, D, E, E, F, G, H, H, I, and J (hereinafter collectively referred to as “C, etc.”) with the legal heir of the net Q, who is the legal heir of the said lawsuit, during the course of the said lawsuit.

On May 6, 2011, the above court concluded a sales contract (hereinafter “instant sales contract”) with C, etc. on shares (C’s shares (C’s shares, D, E, F, and G shares, shares 2/26 shares, shares 3/91 shares, shares 3/91 shares, and shares 2/91 shares, shares 2/91 shares, and shares 2/91 shares, respectively) among the pertinent real estate on May 6, 201, each of the instant real estate between C, etc., and the Plaintiff. As such, the judgment became final and conclusive as follows: “C shall be the sales price; C shall be KRW 53,927,076; D, E, F, and G shall be KRW 35,951,384; and H shall be paid KRW 15,407,736; and at the same time, I, and J shall deliver the ownership of each of the instant real estate to the Plaintiff, and implement the ownership transfer registration procedure.”

(2) On the other hand, on May 20, 2002, the Korea Asset Management Corporation made a provisional attachment order with the claimed amount of KRW 157,776,767 on the real estate in this case.

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