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(영문) 광주지방법원 2017.12.01 2016가단35319
추심금반환
Text

1. The Plaintiff; Defendant B is KRW 14,309,00; Defendant D is KRW 14,309,000; Defendant H is 22,217,000; Defendant I is 14,309,000.

Reasons

1. Facts of recognition;

A. J Co., Ltd. 1) J Co., Ltd. (hereinafter “J”)

) K (hereinafter referred to as “K”) with the main complex apartment (ground 4 floors, ground 13 floors) on the Nam-gu L, M, N, andO of Gwangju.

2) The J planned to construct K as a commercial building from the second to third above ground, and as an apartment building from the fourth to third above ground, and began to sell in lots from September 192.

B. At the time of the bankruptcy of J not only K but also K in Gwangju North-gu P and Gwangju-gu Q, the main apartment was constructed in the name of R, but also the construction of the main apartment. On February 28, 1995, the J discontinued discontinued each of the above construction works.

C. On October 1996, K's council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives of this case") constituted K's apartment and commercial buildings, and the remaining persons except S Co., Ltd. among buyers who bought buildings and commercial buildings were organized by the council of occupants' representatives of this case around 196 in order to prevent damage due to the failure of J.

J 1) On September 13, 1996, J received a decision to commence corporate reorganization procedures under the former Company Reorganization Act (amended by Act No. 6085, Dec. 31, 1999) from the Gwangju District Court on September 13, 1996; 2) on March 30, 1998, the reorganization company J Manager T Co., Ltd. (hereinafter “J”) received a decision to authorize corporate reorganization plans at the Gwangju District Court on March 30, 1998. Since then, J received a decision to abolish corporate reorganization procedures at the Gwangju District Court on March 5, 2004, and was declared bankrupt on March 31, 2004.

According to the decision of approval, the advance payment claims of buyers including S Co., Ltd. were classified as public-interest bonds, and the J has decided to pay the advance payment by offsetting it with the substitute at the time of completion of the above K.

3 The J around September 200, to the Gwangju District Court, concluded the agreement with the council of occupants' representatives of this case with the effect that "J waives K's construction right and ground property right, and the guarantee company will execute the construction.

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