압류해제거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A. Around August 2001, the Plaintiff entered into a store sales agreement with approximately 3,40 buyers of the shopping mall 3,400 shopping mall Ga-ro, Jung-gu, Seoul (hereinafter “instant shopping mall”) to build and sell the complex shopping mall 18-221 and 27 on the ground, and received approximately KRW 37,33.3 billion from them as the contract deposit and intermediate payment.
B. Since then, the Plaintiff did not complete the purchase of the instant commercial building site on June 29, 2003 due to the management problem, and the buyer applied for the commencement of company reorganization procedure against the Plaintiff as Seoul Central District Court 2003da25 to compensate for the losses incurred from the sales price paid. The Seoul Central District Court decided to commence company reorganization procedure against the Plaintiff on October 22, 2003.
C. The Plaintiff’s custodian and the buyer entered into a settlement agreement on the modification of the conditions of sales in the instant commercial building in 2004 (hereinafter “the instant settlement agreement”), and the individual modification of the sales contract in accordance with the said settlement agreement. The key contents of the instant settlement agreement are as follows.
The Plaintiff’s business funds shall be appropriated from the sales price to be paid by buyers who signed a settlement contract to the right of repurchase at the time of the future, and from the sales price of the unregistered shop among the stores of this case.
(Article 1) If a reconciliation contractor fails to pay the unpaid sale price, the remaining reconciliation contractor shall be jointly and severally liable for the unpaid sale price.
(Article 3) Where unsold stores are not sold in lots, the unsold stores are sold in lots under the joint name of all parties to a settlement contract without any separate contract, and the unsold stores shall be sold in lots by the parties to a settlement contract in installments to the plaintiff.
(f) Article 3 (f) If the funds necessary for the new construction and sale of the commercial building of this case are insufficient, the reconciliation contractor shall add the insufficient funds in proportion to them.