계불입금반환
1. The defendant shall pay each of the money in the form of the quoted amount in the attached sheet of the payment slip to plaintiffs B, C, plaintiffs D, plaintiffs E, and plaintiffs F.
1. Summary of the parties' arguments
A. On July 8, 2013, the Plaintiffs filed the instant lawsuit with the Defendant and the Defendant’s parents, K, J and K as co-defendant. However, during the course of the lawsuit, J and K took over the instant lawsuit by the bankruptcy trustee L as declared bankrupt, and the lawsuit between the Plaintiffs and the bankrupt J and the bankruptcy trustee L, which is the litigation taking over by the bankrupt, was concluded on August 30, 2016 by the decision of compulsory adjustment.
From around that time to May 2014, the successful bidder who was operated as the joint venture (hereinafter referred to as “instant successful bidder”) subscribed to the said joint venture, and paid each amount as indicated in the attached Table 1 to 11 in total in the column of the deposit sheet (hereinafter referred to as “attached Table”). Since the instant successful bidder was sold on May 18, 2014, the Defendant, the owner of the said successful bidder, seeking the return of the deposit amount according to each unit number, seeking the return of the deposit amount to the Defendant, who is the owner of the said successful bidder.
The Plaintiffs seek the return of the deposit amount (total amount of KRW 55,00,000 per unit) calculated according to each unit of the Gu, not the deposit amount actually paid in the award of the instant case.
B. The Defendant’s successful bidder is K, and the Defendant is not a transferor.
In addition, the successful bidder of this case is not a strike, and even if it is in strike, it must go through the settlement procedure.
2. Determination
A. In full view of the structure and operation of the successful bidder of this case to which the plaintiffs are admitted and the purport of the entire pleadings is as follows: 25 members of the successful bidder of this case to which the plaintiffs are admitted (including each number; hereinafter the same shall apply); 140,000 won per unit; 140,000 won per unit; 5,000,000 won per unit; 5,000 won per unit; 1st unit of money; 5,000,000 won per unit; 2nd of the first unit of time; 3rd of time; 4th of time; 2nd of the time; 3rd of the time; 2nd of the time; 4th of the time; 2nd of the time; and 3rd of the bid, the successful bidder of this case is not paid the payment amount on the relevant time limit date; and 3rd of the bid.