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(영문) 광주고등법원 2015.08.13 2014나4582
임대차보증금
Text

1. The plaintiff's collection and construction company, G, and the dynamic team changed in exchange from the trial of the instant lawsuit.

Reasons

1. On July 8, 2005 and August 29, 2005, H Co., Ltd. (hereinafter “H”) purchased, for the purpose of the construction of apartment, the purchase price of the purchase price of KRW 17.9 billion in total, and KRW 5.6 billion in the purchase price of KRW 6,794,274,90, and KRW 5.5 billion in the purchase price of KRW 15,000 in the Gwangju Mine-gu J Co., Ltd. (hereinafter “Defendant Young-gu Construction”), from the Defendant Young-gu Co., Ltd., Ltd. (hereinafter “Defendant Young-gu”), the purchase price of KRW 15,00 in the purchase price of KRW 6,794,274,90 in the purchase price and KRW 500 million in the contract deposit for Defendant Young-gu Construction.

However, as H did not pay the remaining purchase price due to its default, the Defendants rescinded each of the above sales contract.

Of the obligees in H, 37 persons including Plaintiff A, B, C, South Korean Enterprise, D, and F constituted a claim group and appointed Plaintiff A as a claim group, and delegated the decision and enforcement for securing the claim amount of KRW 11,769,373,254 to the creditors belonging to the claim group.

Plaintiff

A On April 3, 2006, on behalf of the creditors belonging to the claim group, on behalf of H, the creditors belonging to the claim group transferred the purchase price refund claim due to the cancellation of each of the above sales contract and the housing construction right as to several 384 units above the land of Gwangju Mine, etc., and the plaintiff A agreed that the total amount of the above claim amount should be notarized by bill equivalent to KRW 11,769,373,254.

Plaintiff

A received from H a notarial deed of KRW 11,769,373,254 in face value according to the above agreement, and received from H a notarial deed of KRW 11,769,373,254 in face value. On April 18, 2006, as stated in Nos. 2 List 1 and 2, the above amount was the claim amount, and received from H a notarial deed of KRW 11,769,373,254 in relation

The plaintiff, among creditors who do not belong to the claim group, the National Agricultural Cooperative Federation (the plaintiff Nong Bank, the banking business division of which was divided, comprehensively succeeded to their rights and obligations) and the plaintiff.

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