logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.06 2015나63434
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the part of the reasoning of the judgment of the first instance except for the addition of the determination of the Plaintiffs’ assertion in the trial under Paragraph 2 below. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, the plaintiffs had the right to request for withdrawal of funds to refund the sale price (repaid loan) by subrogation of the funds manager in lieu of the plaintiffs on behalf of the funds manager in lieu of the agreement cancellation of each of the sales contracts in this case before Drhz's bankruptcy. The plaintiffs asserted that the defendant Kr real estate trust is liable to compensate the plaintiffs for damages equivalent to the amount of the claim for the refund of the sale price (repaid loan) due to the mistake that the plaintiffs failed to comply with the plaintiffs' request for withdrawal of the sale price for 2 to 3 years, and eventually, the claim for the refund of the sale price (repaid loan) was included in the bankruptcy claim, since the defendant Krr real estate trust was not liable to compensate for damages equivalent to the amount of the claim for the refund of the sale price (repaid loan) occurred to the plaintiffs pursuant to Article 750 of the Civil Code.

The plaintiffs, as alleged by the plaintiffs, are the defendant in subrogation of dratts prior to the bankruptcy of dratts.

arrow