매매대금반환
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiffs' claims against the above revocation portion are all made.
1. The summary of the instant case, prior to the commencement and completion of the company reorganization procedure against the Defendant, the Plaintiff Company entered into a contract with the Defendant’s administrator to purchase 37 stores, a commercial building in the apartment complex 6-dong (hereinafter “F-dong”) located in Ulsan-gu, Ulsan-gu, by means of a public sale procedure, and paid part of the purchase price. The Defendant’s administrator disposes of F-dong without the permission of the court of reorganization, and thus the said sales contract itself becomes null and void. The Plaintiff’s claim for partial payment out of the purchase price paid.
Plaintiff
In the case of B, in order to cancel the right to collateral security established in the name of the Seoul Guarantee Insurance Co., Ltd., the Plaintiff Company subrogated to the Plaintiff B with the claim for indemnity amounting to KRW 59,700,842, which was acquired by the Defendant, and sought the payment of the amount of transfer.
2. Basic facts
A. On November 19, 1996, the Sungwon Co., Ltd. (1), Co., Ltd. (hereinafter the company reorganization procedure, etc.) completed the registration of initial ownership relating to 37 stores F. F. 2) On January 8, 1999, the company reorganization procedure was commenced against the defendant as Seoul District Court 98No7206 on January 8, 199, and the defendant, upon the approval decision of the company reorganization plan (merger) by the above reorganization court on September 3, 199, merged the Sungwon Co., Ltd., which was under the company reorganization procedure.
Since then, the liquidation court approved the revised plan on March 22, 2002 to adjust the repayment rate to the lower portion, while the debt of the gender members as stipulated in the above approval decision is not implemented according to the reorganization plan.
In the above modified plan, the right of disposal is delegated to the secured party by the modification of the reorganization plan, the secured party may sell the real estate voluntarily by public sale, etc., and the security right shall be terminated at the time of sale, but if there is a separate agreement between the defendant and the secured party on the disposal of the security, the court shall make such agreement.