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(영문) 인천지방법원 2013.08.30 2009가합16168
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Western Construction Co., Ltd. (hereinafter “west Construction”) is a company specialized in the management of redevelopment improvement projects, etc., and the Defendant was established for the purpose of housing redevelopment projects for approximately approximately 64,800 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, for approximately 186-423 square meters, and obtained authorization from the head of Bupyeong-gu, Incheon Metropolitan City.

B. On August 24, 2006, the Promotion Committee for the Establishment of Housing Redevelopment and Improvement Project Association in the 2nd Zone for the Defendant’s establishment (hereinafter “Promotion Committee”) obtained approval for establishment from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office. On October 17, 2006, a residents’ general meeting was held to decide to select the construction as a rearrangement project management contractor, and on November 3, 2006, a letter construction and contract amount was determined as KRW 2,900 per the total floor area of the construction (excluding surtax) and entered into an administrative service contract for the housing redevelopment and improvement project in the 2nd Zone (hereinafter “instant contract”).

C. On July 27, 2009, the Plaintiff received a claim for a promissory note amounting to KRW 200 million from the Seoul Central District Court 2009TTTTT (Seoul Central District Court 2009TTTTTT21617, and the Plaintiff reached the Defendant, the garnishee, on August 3, 2009, as the third obligor, for the issuance of a claim attachment and assignment order (hereinafter “instant claim attachment and assignment order”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-7, 23, 24, Eul evidence 5, 9, and 11, witness Gap's testimony and the purport of the whole pleadings

2. Determination on the validity of the instant claim attachment and assignment order

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s claim for service costs under the instant contract that Seoil Construction had against the Defendant is an attachment and assignment order of the instant claim.

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