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(영문) 서울중앙지방법원 2015.09.08 2015가합501529
계약금등 반환
Text

1. Defendant J and K are 10,000,000 won each and 20% per annum from January 24, 2015 to the full payment day.

Reasons

1. Basic facts

A. On January 25, 2006, Daejeon Mutual Savings Bank (hereinafter referred to as the “ Daejeon Mutual Savings Bank”) lent KRW 3.3 billion to the Korea Venture Co., Ltd. (hereinafter referred to as “Korea Venture Co., Ltd.”) and the balance of the principal and interest on loans as of November 20, 2014 is KRW 3.05,346,371.

B. In order to carry out the construction project of multi-family housing (hereinafter “instant construction project of multi-family housing”) in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-do, the sales contract was concluded on part of the land, but thereafter, the said contract was abandoned due to the failure to purchase the land and approve the project necessary for the said project due to the financial situation, etc., and is in the state of insolvency that currently has no particular assets.

C. On the other hand, on February 2, 2012, the Plaintiff was appointed as the bankruptcy trustee on the grounds that Daejeon Mutual Savings Bank was declared bankrupt by Daejeon District Court 2012Hahap1.

[Reasons] Defendant J and K: The judgment of deemed confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. Determination as to the claim against Defendant J and K

A. (1) On September 2006, Hansung Lendi entered into a sales contract with Defendant J and K for each of 1/2 shares out of 165 square meters in the Daejeon Dong-gu, Daejeon for the purpose of carrying out the construction project of the instant multi-family housing, and paid the said Defendants KRW 10 million each as down payment.

(2) At the time of the conclusion of the above sales contract, K, and K, the above sales contract is for the instant multi-family housing construction project (Article 1), and where it is no longer possible to promote the above project, such as where it is impossible to secure the entire parcel of land required for the purpose of Han Gyeong-Cendi, etc. (Article 11(1)). In this case, the above Defendants must return the down payment received.

(Article XI(2)) was agreed upon.

(3) thereafter.

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