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1. Of the judgment of the first instance, the part demanding the return of down payment by subrogation of creditor shall be revoked, and such revoked part shall be revoked.
Reasons
1. Basic facts
A. A. On May 29, 2008, ES Savings Bank (hereinafter “ES Savings Bank”) lent KRW 6,000,000 (e.g., May 29, 2009) to D Co., Ltd. (hereinafter “D”) with the funds required for the apartment housing business of KRW 6,00,000,000 (e.g., the repayment period) (hereinafter “the first loan”), and on June 23, 2009, leased KRW 1,50,000 (e.g., June 23, 2010), and January 28, 2010, each of them lent KRW 1,00,000,000 (e.g., the repayment period) to D Co., Ltd. (hereinafter “D”).
(B) The Plaintiff was declared bankrupt on September 26, 2012 by the Incheon District Court 201Hahap9, and the Plaintiff was appointed as the trustee in bankruptcy on the same day.
B. In order to prepare the instant project site, D entered into a contract with the Defendants to purchase each land and its ground buildings indicated in the table “real estate” column as indicated below, which is owned by the Defendants, as indicated on each of the following dates (hereinafter “each of the instant sales contracts”). At the time of each contract is concluded, D paid each of the following amounts to the Defendants as down payment:
On June 10, 2008, June 5, 2008, Defendant CH 15,000,000 won on June 2, 2008, 2008, the down payment of Defendant AF 15,000,000 won on June 2, 2008
C. The main contents of each of the instant sales contracts are as follows.
Article 4 (Promotion of Sale)
1. D is a transaction to purchase the land of the owner of the main land and the adjacent site of the main land of the Defendants and to carry out a real estate development project, and to cooperate with each other for this purpose, and the contract shall become null and void if this purpose
When a contract becomes null and void, separate damages are not claimed, and the defendants are to return the purchase price and compensation received from D.
Article 10 (Non-performance of Contracts, Compensation for Damages, etc.)
1.This Agreement.