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(영문) 서울남부지방법원 2017.08.31 2016가합110728
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff in the position of the parties is a sectional owner who owns a part of the main households of the Mobropia building (hereinafter referred to as the "instant building") as a company conducting a housing construction business, and the defendant is an organization composed of all sectional owners for the management of the instant building based on the Act on Ownership and Management of Condominium Buildings.

The judgment ordering the payment of management expenses by the Plaintiff and the other sectional owners filed a lawsuit against the Plaintiff and the other sectional owners seeking the payment of management expenses and damages for delay thereof (this court 2014Gahap104637), which were imposed on each household of the instant building (this court 2014Gahap104637), and the adjudication ordering the Plaintiff to pay money calculated at the rate of 15% per annum from November 7, 2015 to the date of full payment, which was accepted by the Defendant’s assertion.

(hereinafter referred to as “instant judgment”). The Plaintiff and other sectional owners appealed and the instant case is currently pending in the appellate court.

(Seoul High Court 2016Na2020860). On March 16, 2016, the Plaintiff’s deposit for repayment and seizure of the Plaintiff’s right to claim reimbursement of deposit money by the head of Yeongdeungpo District Tax Office, and the Plaintiff’s collection deposit for repayment of KRW 1,05,561,348 (one thousand principal,001,637,572 won, calculated at the rate of 15% per annum from November 7, 2015 to the above deposit date) under the Financial No. 1303 of this Court 2016.

On March 17, 2016, the head of Yeongdeungpo District Tax Office attached the portion of the amount until 341,165,440 won, which is the plaintiff's delinquent tax amount, among the rights to claim the deposit money due to the above repayment deposit, pursuant to Article 41 (3) of the National Tax Collection Act, and collected all the delinquent tax amount.

A provisional execution based on the judgment of the defendant in this case and the plaintiff's appeal shall be executed by the defendant on October 11, 2016 as the executive title of the judgment in this case, and the deposit claims held by the plaintiff against the new bank and the Nonghyup Bank Co., Ltd.

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