beta
(영문) 서울중앙지방법원 2015.06.18 2014가단5344147

계약금 등 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a trustee in bankruptcy of Daejeon Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) that was declared bankrupt by Daejeon District Court 2012Ham1, and the Defendant is a seller who entered into a real estate sales contract with the Korea Gyeongchidi Co., Ltd. (hereinafter “Korea Gyeongchidi”) that carried out a multi-family housing construction business (hereinafter “instant business”).

B. On January 25, 2006, the Bankruptcy Bank lent KRW 3.3 billion to Hansung, and as of November 20, 2014, the balance of the loan claims as of November 20, 2014 is KRW 3,055,346,371.

C. On April 5, 2006, the Plaintiff entered into a contract with the Daejeon-gu Daejeon-gu Daejeon-gu Daejeon-gu Daejeon-gu 580 square meters (hereinafter “instant land”) on purchase of KRW 470 million (hereinafter “instant contract”), which is included in the instant project site, and its key contents are as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to purchase the above listed real estate owned by “A” (Defendant) for the purpose of constructing a multi-family housing (multi-family housing) and to pay the purchase price pursuant to Articles 3 (Sales Price Payment Method) 1) and 3 (Sale Price Payment Method) above 2 and 4 as listed below. The payment method of the purchase price is to be made as follows. The purchase price of the pre-saleed parcel of KRW 30 million including the consent to use the pre-saleed parcel of KRW 440 million on the date of completion of the contract and the consent to use the pre-saleed parcel of KRW 30,000,000 after the approval of the project, and the consent to use the pre-saleed parcel of KRW 44,40,000,000 and KRW 6 (Transfer of Ownership) shall provide “B” with all the documents necessary for the registration of ownership transfer at the same time as the first receipt of the remainder under Article 3. The “B” and “B” are not subject to purchase and sale of the above real estate.