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(영문) 대구지방법원 2015.10.22 2015가합203732

매매대금반환

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 2, 2012, Daejeon Mutual Savings Bank Co., Ltd. (hereinafter referred to as the “Bankruptcy Bank”) was declared bankrupt by the Daejeon District Court ( Daejeon District Court 2012Hau1), and the Plaintiff was appointed as the bankruptcy trustee of the Bankruptcy Bank on the same day.

B. On January 23, 2006, the bankruptcy bank (i) the existence and scope of the preserved claim (i.e., the bankruptcy bank), and (ii) the Sung Ho Construction Co., Ltd. (hereinafter “Sew Construction”).

(2) The loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan are loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan are loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan are loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan.

3) Therefore, the Plaintiff’s total sum of the principal and interest of interest of Seongdong Construction as of December 15, 2014 (7,808,211,178 won (7,167,313,942 won) is KRW 640,897,236.

C. The establishment of a sales contract between Seongbuk Construction and the Defendants promoted a project of constructing apartment houses by purchasing the land of the Daegu Seo-gu L-gu L, and the said loan was financed by the said loan, and around 2005, the Defendants, the owners of land in the project site, concluded a contract for the purchase of each real estate and paid the down payment and the intermediate payment as stipulated in each sales contract.

The purchase price that the Defendants received from Seongdong Construction is as stated in the attached sheet of claim amount in the attached sheet.

The circumstances after the conclusion of the instant sales contract have been notified by the contractor of the intent to waive the project during the Do which consulted with the contractor on the project financing, and another contractor.