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Reasons
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(영문) 서울고등법원 2017.11.14 2016나2053501
매매대금반환
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

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 Co., Ltd. (hereinafter “AD”) is a claim against AD by the ES Savings Bank.

(C) each real estate listed in the separate sheet (hereinafter “instant real estate”)

(2) On December 15, 2010, a loan with a maturity of KRW 4.1 billion on June 15, 201 and interest rate of KRW 11% on a yearly basis was made by setting a loan with a maturity of KRW 4.1 billion on April 19, 201, and an additional 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 of each of the above loans has expired, AS Savings Bank was not fully repaid the principal and interest from AD until then.

C. AD and the Defendants’ sales contract 1) Defendant GD’s sales contract to purchase KRW 105,00,000, out of the instant real estate from Defendant G to Defendant G on December 21, 2010 for the purpose of the development project for the instant real estate (hereinafter “instant sales contract”).

(2) Defendant ABD entered into a contract with Defendant AB to purchase KRW 40,50,00 of the second floor among the instant real estate at KRW 400,00,000 (hereinafter “the second sale contract”), and to pay KRW 52,500,000 for the remainder on May 31, 2011 when the validity of this contract takes place. AD paid KRW 52,50,000 to Defendant G for the total sum of the down payment and the intermediate payment. (2) On January 17, 2011, Defendant ABD entered into a contract with Defendant B to purchase KRW 40,00,000 for the purchase price of KRW 40,000 among the instant real estate (hereinafter “instant second sale contract”), and paid the remainder on KRW 100,000,000,000 for the remainder on KRW 30,000,000 for the remainder on May 31, 2011.

AD paid the down payment of KRW 100,000,000 to Defendant AB.

AD's insolvency.

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