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(영문) 서울중앙지방법원 2013.01.23 2011가합111560

분양대금반환 등

Text

1. The plaintiffs' lawsuits against Defendant Pung Forest Industry Co., Ltd. are governed by the law of the debtor Pung Forest Industry Corporation.

Reasons

1. Basic facts

A. 1) The Plaintiffs are comprised of C Apartments ( Apartments and officetels) located in B of the Incheon Cheongra District;

hereinafter referred to as “instant apartment, etc.”

(2) Defendant Il-ju Construction is the seller of the apartment of this case, and the Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”) is the contractor of the apartment of this case.

3) Defendant National Bank and National Agricultural Cooperative Federation (the comprehensive rights and obligations related to this case were transferred to Defendant Nonghyup Bank).

(B) A loan was made for the payment of intermediate payments to the Plaintiffs. (b) The conclusion of the sales contract and payment of the purchase price was made by Defendant Il-ju Construction, which newly constructed two apartment units, 616 households, and 380 rooms, 2 apartment units, 616 households, and 380 rooms, respectively, in Seo-gu Incheon Metropolitan City B.

2) The Plaintiffs, around 2009, concluded contracts for the sale of each of the instant apartment units, etc. with Defendant Il-ju Construction and the instant apartment units (hereinafter “each of the instant sales contracts”).

(C) The rehabilitation procedure was commenced on May 10, 2012, and A was appointed as a custodian of the rehabilitation debtor’s scenic industry as of May 10, 2012. The period of inspection of rehabilitation claims and rehabilitation security rights is from June 5, 2012 to June 22, 2012. [In the absence of any dispute over the grounds for recognition, the entry in the evidence No. 1 to 5, the evidence No. 1 to 2-1 to 5, and the statement in the evidence No. 2-1 to 2-5, and the purport of the entire pleadings in this court, and the purport of the entire pleadings.

2. Determination on the main defense of the administrator of Defendant Pung forest

A. The Defendant Pung Forest’s manager’s main defenseal Plaintiffs need to file an application to resume the lawsuit against the legal administrator of the rehabilitation debtor’s Pung Forest Industry within one month from the end of the claim investigation period. However, the Plaintiff’s lawsuit against the Defendant Pung Forest Manager is unlawful and dismissed.