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(영문) 대구지방법원 2015.10.22 2015가합201941

매매대금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2012, Daejeon Mutual Savings Bank Co., Ltd. (hereinafter referred to as the “Bankruptcy Bank”) was declared bankrupt by the Daejeon District Court ( Daejeon District Court 2012Hau1), and the Plaintiff was appointed as the bankruptcy trustee of the Bankruptcy Bank on the same day.

B. On January 23, 2006, the bankruptcy bank entered into a credit transaction agreement with the non-party Construction and loan of KRW 3.3 billion. On April 27, 2007, the bank entered into an additional credit transaction agreement with the Seongbuk Construction and added KRW 250 million.2) However, even though the due date under each of the above credit transaction agreements has expired, the bank has not repaid the principal and interest of the loan. Accordingly, the amount of the principal and interest of the loan that the plaintiff has incurred from Seongdong Construction as of December 15, 2014 is the principal and interest of the loan of KRW 7,167,313,942 (the principal and interest of the loan plus KRW 703,293,390 + the principal and interest of KRW 464,40,520,520, 207, 2007, 207, 2007, 2007, 207.

Therefore, as of December 15, 2014, the total amount of interest and interest that the Plaintiff has paid in relation to Seongdong Construction is 7,808,211,178 won (7,167,313, 942 won).

C. The establishment of a sales contract between Seongbuk Construction and the Defendants promoted a business of constructing apartment units by purchasing the land of the Daegu Seo-gu L-gu L, and the said loan was financed by the said loan. Around 2005, each real estate sales contract was concluded with the Defendants, the owners of the land in the project site, and paid the down payment and the intermediate payment in accordance with each sales contract.

The purchase price that the Defendants received from Seongdong Construction is indicated in the “claim Amount” column in the attached sheet of claim amount.

The circumstances after the conclusion of the instant sales contract have been notified by the contractor of the intent to waive the project during the Do which agreed on the construction project and the project financing, and it is different.