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(영문) 대전지방법원서산지원 2016.01.28 2015가합50292
매매대금반환
Text

1. Defendant M shall pay to the Plaintiff KRW 54,00,000 as well as 5% per annum from August 19, 2009 to January 28, 2016.

Reasons

1. Basic facts

A. On April 30, 2013, the Future Savings Bank Co., Ltd., a party status as the party (hereinafter “Smi Savings Bank”) was declared bankrupt at the Seoul Central District Court (Seoul Central District Court 2013Hahap54), and the Plaintiff was appointed as a trustee in bankruptcy of the future Savings Bank on the same day.

B. (1) Future Savings Bank’s loans 1) Future Savings Bank’s Guidance Ack Co., Ltd. (hereinafter “Guidance Ack”) on August 18, 2009

(2) On July 27, 2011, a credit transaction agreement was concluded between the expiry date of the credit period as of July 18, 201 and a loan of KRW 9 billion was made. On December 23, 2009, a credit transaction agreement was concluded with the expiry date as of July 24, 201 and a loan of KRW 730 million was made. (2) Even though the maturity date pursuant to the said credit transaction agreement has arrived, the principal and interest have not been repaid. Accordingly, the amount of the principal and interest that the future savings bank has against guidance Ack as of January 27, 2015 is equivalent to the principal and interest on the loan amount of KRW 9,084,018,968 and interest thereon.

C. A sales contract between guidance Ack and landowners is concluded 1) The guidance Ack carries out the business of constructing apartment complexes by purchasing the land of Wil-si at an advanced time. The above loans are financed with the financial resources of the above loans, between May 27, 2009 and September 7, 2010, between the owner of the land in the project site and the owner of the land in the project site, as set forth below (hereinafter “instant sales contract”).

A) On each date indicated in the table “Price payment date”, Defendant M paid the full amount of the purchase price, and the down payment, respectively, to Defendant M’s remaining real estate and to the remainder of the Defendants on May 27, 2009, the sale price on the date of entering into a contract (the actual date not exceeding W). The sale price on the date of entering into a contract (the purchase price on November 23, 2009, KRW 135,000,000 on November 23, 2009 (the original 1 AY prior to Y, KRW 135,500,000,000 on November 23, 2009, approximately 655 square meters and approximately 331 square meters in AAB prior to 190 square meters in size on May 27, 2009, KRW 000,000 on August 27, 2009, KRW 308,308.300.

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