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(영문) 서울중앙지방법원 2016.10.07 2016가합1330

약정금

Text

1. The Defendant’s KRW 1,886,976,350 for the Plaintiff and KRW 5% per annum from April 15, 2013 to February 2, 2016.

Reasons

1. Facts of recognition;

A. The conclusion of the sales contract of this case 1) The Chang Urban Development Co., Ltd. (hereinafter “ Chang Urban Development”)

from around 2006, the project site of this case is called the project site of this case. The project site of this case is the project site of Ulsan-gun, Ulsan-gun, Ulsan-si and the project site of this case (hereinafter referred to as "the project site of this case").

3) On the ground, the construction project of the building project of the building of the building of the apartment on the Dogcheon-gu, Ulsan-do. (hereinafter referred to as the “new building project”).

(1) is an executor who has been proceeding and is a stock company (hereinafter referred to as “satisf”).

(2) The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) has guaranteed the sale of the instant new apartment construction project. The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) entered into a transfer security agreement on the instant land, which is a part of the instant project site, with the development of Chang Chang City, and completed the registration of the said 163 piece of real estate in the name of the Korea Housing Guarantee.

Chang City Development completed trust registration in the future of the KB real estate trust company with respect to 69 parcels of the rest of the project site, and was proceeding with the new construction project in this case.

3) On October 1, 2009, the construction was suspended as of October 1, 2009, and the Korea Housing Guarantee returned the sale price to the buyers on November 19, 2009. 4) On February 24, 2010, the Korea Housing Guarantee was decided to make a provisional disposition of prohibition of disposal in the building of the present Gojin-gu apartment site on the ground that the right to claim ownership transfer registration based on the security transfer agreement entered into with the development of Chang-gu Urban Development is the right to be preserved, and on February 25, 2010, the registration of ownership preservation was completed in the future of the Yongsan Urban Development on the ground of the entrustment of provisional disposition registration with regard to the above apartment.

5) The Chang City Development was declared bankrupt on November 23, 2010 by the Seoul Central District Court 2010Hahap100 on the same day, and the Plaintiff was appointed as a trustee in bankruptcy on the same day (hereinafter “Plaintiff”), regardless of whether it was before or after the bankruptcy of the Chang City Development, the Chang City Development and the bankruptcy trustee, the Plaintiff, a trustee in bankruptcy, are deemed to be “Plaintiff”.

6) The Plaintiff.