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(영문) 서울북부지방법원 2018.11.16 2018가단14875
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. CHousing Reconstruction and Improvement Project Association (hereinafter “Non-Party Partnership”) is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Seoul Special Metropolitan City, Nowon-gu to implement a housing reconstruction project of the size of 27,01 square meters, and the Plaintiff is a real estate owner located within the said project zone.

On May 14, 2012, the defendant is a contractor which entered into a contract for construction works with the non-party union for the above reconstruction project.

B. The non-party union filed a lawsuit against the plaintiff to confirm the non-existence of the obligation to pay the settlement money (Seoul High Court Decision 2015Na2000692). On February 15, 2017, the above court rendered a judgment that the obligation to pay the settlement money to the plaintiff of the non-party union does not exceed 204,221,970 won and 5% per annum from January 7, 2014 to the date of complete payment. The above judgment became final and conclusive on June 30, 2017.

On November 8, 2017, the defendant filed a counterclaim against the non-party partnership (Seoul Northern District Court 2016Kahap2296, 567946) and sentenced the non-party partnership to pay the defendant 3,691, 73,056 won and damages for delay. The above judgment became final and conclusive around that time.

C. On April 10, 2018, the Plaintiff received the claim attachment and collection order from the Seoul Northern District Court 2018TTTT District Court 2018TTTTTTT 5411 by designating the debtor partnership and the third debtor as the National Bank, and the original copy of the said decision reached the National Bank on April 13, 2018.

On April 13, 2018, the Defendant received the attachment and collection order from the Seoul Northern District Court 2018TBT District Court 2018TBT 6209 by designating the debtor as the non-party partnership and the third debtor as the National Bank, and the original copy of the decision reached the National Bank on April 18, 2018.

The National Bank deposited 26,640,936 won as Seoul Northern District Court 2018Hun-Ba1672, and the distribution procedure of the above deposit is the Seoul Northern District Court B.

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