1. The Defendant has the executive force of Busan District Court Branch 2018Kadan64 against Non-Party C.

1. Facts of recognition;

A. A. On September 2015, D Co., Ltd. entered into a construction contract with the Plaintiff and C Co., Ltd. with respect to the construction work of constructing a “F apartment” on the land surface (hereinafter “instant construction work”) of Yongsan-gu, Changwon-si E and 13 parcels of land (hereinafter “the instant construction work”).

B. On December 1, 2015, the Plaintiff prepared a joint supply and demand agreement with C to perform the instant construction project (hereinafter “instant agreement”). Article 7 of the said agreement provides that “Advance payment and the price for the work shall be paid by the respective passbook of the members of the joint supply and demand organization.” Article 8 of the said agreement provides that the Plaintiff and C’s share ratio (Plaintiff 40% and C60%) shall be determined.

C. In order to preserve the claim for construction cost against C, the Defendant filed an application for provisional attachment with the obligor C and C as the obligor C and C, a stock company as D, and filed a claim for construction cost payment (hereinafter “instant claim”) payable by C, a stock company as D, with the Busan District Court Branch Branch of 2018Kadan64, and the said court rendered a ruling of provisional attachment on January 12, 2018.

(hereinafter “instant provisional attachment order”). 【No dispute exists concerning the instant provisional attachment [based on recognition], Gap 1-1, 2, Gap 2, 3, and Eul 1, and the purport of the entire pleadings.

2. The plaintiff's assertion and C are joint contractors of the construction of this case, and the above joint contractors shall have the nature of the partnership under the Civil Act.

Since the claim for construction price against the Plaintiff and C Co., Ltd. for the claim for construction price against D is a property owned jointly to the members of the joint supply and demand organization, the decision of provisional attachment of this case based on the premise that C is entitled to receive

3. Determination

A. The joint supply and demand organization with the determination of the cause of the claim basically has the nature of a partnership under the Civil Act, and thus the joint supply and demand organization executes the construction work.