부당이득금 반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court's explanation concerning this case are as follows: ① "amount" in Section 18 of Section 13 of the judgment of the court of first instance; ② "total amount" in Section 10 of the judgment of the court of first instance (the corresponding amount stated in the "amount claimed" in the attached Form); ② "Total" in Section 10 of the 15, and "(the plaintiff WW, X, Y, AE, AE, AG, AJ, AK and AK: 86,416,710 won, respectively; and the plaintiff AC: 73,96,370 won: the plaintiff AC: 73,96,370 won)" in the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is for the reasons for the judgment of the court of first instance, except for the addition of the following judgments as to the matters alleged by the plaintiffs in the trial
2. Additional matters to be determined;
A. The Plaintiffs shall, in substance, prepare a distribution schedule stating the following matters, under Article 507(1) of the Debtor Rehabilitation and Bankruptcy Act (Preparation of Distribution Schedule) (1) of the Debtor Rehabilitation and Bankruptcy Act.
1. Names and addresses of creditors to participate in the distribution;
2. The amount of claims included in the dividends; and
3. Inasmuch as the amount that can be distributed is the same as the distribution schedule, a lessee who meets the requirements for counterclaim provided for in the provisions of Article 415 (1) of the Debtor Rehabilitation and Bankruptcy Act (1) and obtains a fixed date on the lease agreement document after meeting the requirements for counterclaim provided for in the provisions of Article 3 (1) of the Housing Lease Protection Act shall be entitled to receive the deposit from the proceeds of realizing the housing (including the site thereof) that belongs to the bankrupt estate in preference to junior creditors and other creditors.
The plaintiffs' preferential right to payment under this case was exercised at the same time with the realization of each of the housing in this case by the plaintiffs' application for conversion for sale in lots (the sales contract in this case), and therefore, the plaintiffs paid the preferential payment amount at the same time with the repayment of the deposit for each of the housing in this case. Therefore, the defendant bankruptcy trustee paid the deposit for sale in lots