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(영문) 서울중앙지방법원 2020.09.17 2019가단5190871
매매계약무효확인
Text

All of the plaintiff's lawsuits against the defendants are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s assertion is invalid on June 20, 2019, which was concluded on June 20, 201 by Defendant B and Defendant C as a seller and buyer respectively, with the amount of money significantly below the appraised value in the form of a free contract. The real estate sales contract concluded by the Defendants in collusion with Nonparty E is an anti-social legal act that harms the fairness of the public sale procedure that was concluded by the Defendants. The Plaintiff still holds the sales contract as the buyer who signed a contract to purchase the first unit of the department store newly constructed by the development project of the above land and the building and completed the development project in full, and even if the above development project is not completed, the above sales contract still remains valid, and even if the above development project is not completed, the Plaintiff is likely to lose the right to benefit and other creditors under the above sales contract, and according to Defendant B’s distribution plan, the Plaintiff is at risk of not being able to receive the sale price already paid due to the sales contract of this case. Therefore, the above sales contract becomes invalid.

2. First, we examine the existence of the litigation requirement for the instant confirmation.

In full view of the statements in Gap evidence 8 through 13 and Eul evidence 1 through 4, the defendant corporation entered into a sales contract (hereinafter "the sales contract in this case") that sells 7,350,100,000 won to the defendant corporation and buildings under construction of five and 15 lots of land (hereinafter "trust property in this case") on June 20, 2019. According to the sales contract in this case, the defendant corporation shall pay 61,880,000 won to the Seoul Central District Court 2019Kahap2102 from the date of decision on the provisional disposition for the suspension of the public sale contract in Seoul Central District Court 2019Kahap2102, and the above provisional disposition application was dismissed on July 22, 2019 and becomes 30 days from August 21, 2019.

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