beta
Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On September 28, 2012, the non-party C&C World concluded a real estate security trust contract with the non-party National Federation of Fisheries Cooperatives (hereinafter “NF”) on the land and the land of the non-party E, F, G, H, and the ground of the land, the J, K, K, L, each of which is M, and the ground NE and its ground, P, Q, Q, R, T, T, U (each of the above buildings is referred to as “ I”, “N”, and all of the above real estate was referred to as “the instant real estate”), and completed the registration of ownership transfer with NFF on the same day.
NFFC issued a public auction notice on the instant real estate to the Asia Economic Examination, but the public auction was not caused.
B. Plaintiff A and Nonparty W claimed a lien of approximately KRW 25 million for two buildings among the instant real property, and KRW 230 million as the preserved claim. However, on August 5, 2014, the Plaintiff agreed to purchase the instant real property under a negotiated contract, and among them, the Plaintiff B, the Plaintiff Company X (hereinafter “X”), the representative director of which was the Plaintiff, and Nonparty Y (hereinafter “Plaintiff”), the number of Nonparty Y, the number of which was the Plaintiff, and 35% in the name of Nonparty Y, the mother.
Plaintiff
On August 6, 2014, W (the same shall apply to the case where W entered into a contract in the name of Z; hereinafter the same shall apply) entered into a negotiated contract with NFF to purchase the real estate of this case with a total of KRW 5 billion (including value-added tax of KRW 314 billion) on the part of NFFC, and upon paying the remainder of KRW 4.275 billion and value-added tax of KRW 314 million until October 6, 2014, W paid the down payment of KRW 475 million to NFF on the day of the contract.
C. However, the Plaintiff and W did not make any balance on October 6, 2014, which is the remainder payment date of the above purchase price, and if NFFC fails to pay the balance by October 8, 2014, it shall be the down payment that is paid by the 14th day of the same month.