매매대금반환
The plaintiff's appeal is dismissed.
In accordance with the plaintiff's conjunctive claim added by this court, the defendant shall be the plaintiff.
1. The plaintiff's legal status and the progress of the lawsuit in this case
A. On December 5, 2017, the Plaintiff (A) filed an application for commencement of simplified rehabilitation procedures with the court on December 5, 2017 (Seoul District Court 2017 U.S. 2003) (2) the said court dismissed the application for commencement of simplified rehabilitation procedures on October 10, 2018, but ex officio decided to commence rehabilitation procedures under Article 293-5(2)2 of the Debtor Rehabilitation and Bankruptcy Act.
According to this decision, the plaintiff was regarded as a legal administrator.
3) Accordingly, at the time of January 22, 2019, the Plaintiff filed the instant lawsuit in the capacity of a custodian A of a debtor for rehabilitation as of January 22, 2019. (4) The said court rendered a decision to discontinue rehabilitation procedures on August 21, 2019.
As a result, while the court of first instance was pending, the plaintiff taken over the litigation procedure against A by the debtor for rehabilitation.
(hereinafter referred to as “Plaintiff” regardless of the change in such legal status. B.
(1) As seen earlier, the Plaintiff filed the instant lawsuit on January 22, 2019. The Plaintiff filed a complaint with the Defendant, following the submission of the complaint, filed a claim for restitution of unjust enrichment amounting to KRW 300 million (the price paid by the Plaintiff) on the ground of the termination of the agreement set forth in Section 2-A, which was entered into with the Defendant. (2) The first instance court rendered a judgment dismissing the Plaintiff’s claim on the ground that the termination of such agreement is not recognized on December 19, 2019.
C. 1) The Plaintiff appealed against the judgment of the court of first instance. However, on March 27, 2020, the Plaintiff filed an appeal against the judgment of the court of first instance. However, through the submission statement of the application for modification of the purport of the claim as of March 27, 2020, the Plaintiff reduced the claim amount of KRW 100 million and the damages for delay thereof. 2) The Plaintiff submitted an application for modification of the cause of claim to the court on June 1, 2020, and made a written statement on June 10, 2020 at the second date for pleading of this court.
The plaintiff shall, through this, set forth in the above agreement.