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(영문) 서울중앙지방법원 2016.06.09 2015가합550859
매매대금반환
Text

1. Each of the claims by subrogation among the claims against Defendant F, M, S, and V by the Plaintiff shall be dismissed.

2...

Reasons

1. Basic facts

A. The status of the parties 1) The Es Savings Bank Co., Ltd. (hereinafter “Es Savings Bank”)

(2) On September 26, 2012, the NA Savings Bank filed a petition for bankruptcy with the Incheon District Court 2012Hahap9, and was declared bankrupt by the above court on September 26, 2012, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

B. AD (hereinafter “AD”) is a loan agreement 1) AS Savings Bank.

(C) each real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”).

(2) On December 15, 2010, a loan was made with a maturity of KRW 4.1 billion on June 15, 201 and interest rate of KRW 11% on a yearly basis. On April 19, 2011, a loan was made by setting the amount of KRW 1.5 billion on a yearly basis as 1 year from the maturity date, and interest rate of KRW 11% on a yearly basis. (2) Although the maturity date for each of the above loans has expired, AS Savings Bank was not paid the principal and interest from AD until the maturity date.

C. On December 2010, AD entered into a sales contract, etc. with the Defendants (However, in the case of Defendant V, the Defendants entered into a sales contract with AE, the decedent of Defendant V) to carry out the instant real estate development project, and entered into a sales contract with the Defendants as described in the “object of Sale” column of attached Table 3, which is owned by the Defendants, as indicated in the same Table, on the instant real estate, and paid each down payment or each down payment and intermediate payment, respectively, to the Defendants.

(hereinafter “instant sales contract”). The remainder payment date was set on May 31, 201 in the instant sales contract.

(However, as regards Defendant AC, it is about February 28, 201).

AD's insolvent has failed to obtain specific profits from 2010, and it has not owned active property such as real estate, but it bears the above loans to AS Savings Bank and is currently insolvent.

E. AD on June 7, 2012, in the case of the ES Savings Bank’s claim attachment and collection order 1 ES Savings Bank, the debtor and the debtor.

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