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(영문) 서울중앙지방법원 2016.10.18 2015가합501581
계약금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 25, 2006, Daejeon Mutual Savings Bank Co., Ltd. (hereinafter referred to as the “Seoul Mutual Savings Bank”) established a repayment period of KRW 3.3 billion on July 25, 2006 and lent KRW 3.3 billion to the Korea Venture Co., Ltd. (hereinafter referred to as “Korea Venture Co., Ltd.”), and on November 20, 2014, the balance of the principal and interest on loans as of November 20, 2014 is KRW 3,05,346,371.

B. The construction project of multi-family housing (hereinafter “instant multi-family housing construction project”) in the Dong-gu I of Daejeon Special Metropolitan City (hereinafter “instant multi-family housing construction project”).

Defendant A, B, C, D, E, and net J (Death on May 13, 2012, hereinafter referred to as “J”) that is the owner of the land of the relevant land, as described in the separate sheet of sale and purchase.

2) The sales contract between each party and each other (hereinafter “instant sales contract”).

3) The Defendants and J (hereinafter “instant sellers”) concluded and concluded the instant contract.

2) In the above sales statement, the Plaintiff paid the amount corresponding to the amount indicated in the “contract deposit” column as the down payment. 2) The Plaintiff renounced the business by failure to purchase the land and approve the project necessary for the instant apartment construction project with financial standing, etc., and is in the insolvent state in which there is no particular property at present.

C. Daejeon Mutual Savings Bank’s bankruptcy was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the Plaintiff was appointed as the bankruptcy trustee of Daejeon Mutual Savings Bank.

(hereinafter referred to as the “Plaintiff”) D. without distinguishing Daejeon Mutual Savings Bank and the Plaintiff (hereinafter referred to as the “Plaintiff”).

J’s death and the inheritanceJ of Defendant F, G and H died on May 13, 2012, and Defendant F, G and H inherited property as their children.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Gap's 7 through 10, and the purport of the whole pleadings

2. The assertion.

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