beta
(영문) 서울행정법원 2014.10.17 2014구합6371

압류해제거부처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On August 2001, R Co., Ltd. (hereinafter “R”) entered into a store sale agreement with approximately 3,400 buyers, including the Plaintiffs, while carrying out the business of building and selling complex shopping mall (hereinafter “instant shopping mall”) on the ground surface of the Jung-gu Seoul Special Metropolitan City, Jung-gu and 27 lots, and received approximately 3,73.3 billion won sales price from them under the pretext of down payment and intermediate payment.

B. Since then, R had not completed the purchase of the instant commercial building site, it was dealt with as a business issue on June 29, 2003, and several buyers including the plaintiffs applied for the commencement of company reorganization procedure against R as Seoul Central District Court 2003da25 to compensate for losses incurred from the sales price paid. The Seoul Central District Court decided to commence company reorganization procedure against R on October 22, 2003.

C. R’s custodian and buyer entered into a settlement agreement on the change of the conditions of sales in the instant commercial building in 2004 (hereinafter “the instant settlement agreement”). Under the instant settlement agreement, each of the changes in sales in the store was entered into. The main contents of the instant settlement agreement are as follows.

Article 1 The purpose of this Agreement is to promote the completion of the shopping mall in this case by paying the remaining selling price of the buyers and selling price of the unsold shop, etc., and to complete the business in this case with the burden of the buyer of the insufficient funds when the shortage of expenses is incurred. The purpose of this Agreement is to protect the rights and interests of buyers and to minimize their losses.

In order to facilitate the implementation of the shopping mall construction project in this case, buyers of Article III shall faithfully implement the payment of the remaining sales price, and shall pay the full amount of the first installment required with the initial business funds of R to the deadline for the request of R to resume the project, and the unpaid amount shall be paid.