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(영문) 서울북부지방법원 2018.12.06 2017가합24643
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The JJ reconstruction and rearrangement project association (hereinafter “instant association”) is a partnership established under the old Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30, 2002; hereinafter the same) to remove old and inferior housing and newly construct new housing by the sectional owners of the J-J Housing located in K and 13 parcels of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and completed the establishment registration on July 31, 2003 with the authorization of the establishment from the head of Nowon-gu, Seoul Special Metropolitan City.

The plaintiffs are members of the association of this case as co-owners of the removed Jindo Housing.

On June 27, 2003, the instant association obtained approval of the project plan necessary for the instant reconstruction project pursuant to the former Housing Construction Promotion Act, and entered into a joint project agreement by selecting a Si construction project. On July 2010, L Co., Ltd. (hereinafter “L”) was finally changed on several occasions during the construction, and entered into a conclusive share contract for L and the instant reconstruction project with respect to L and the instant reconstruction project.

(hereinafter referred to as “the instant contract”). A new apartment construction project under the said contract was completed around March 2011.

The new apartment building through the above reconstruction project is a total of 58 households, and 25 households among them belong to the association members, and the remaining 33 households are general allotment.

The creditor M of the instant association filed a request for auction against the general unit unit of 33 units among the above apartment units, and the above 33 units were awarded a successful bid to N Co., Ltd. (hereinafter “N”).

N has filed an application for provisional attachment with respect to an apartment that belongs to members, including each of the instant apartment buildings listed in the separate sheet (hereinafter referred to as “each of the instant apartment buildings”) and received a decision of provisional attachment with respect to the future claim for indemnity against the instant association as the preserved bond.

The apartment house belonging to the union members who had not been registered due to the entrustment of the above provisional seizure registration is the case in September 6, 2016.

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