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(영문) 대전지방법원 2017.07.06 2016가합106692
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

On March 28, 2002, E purchased real estate of KRW 5.17 billion in the purchase price of KRW 5.2 million in the down payment from the trustee in bankruptcy of the Chungcheong Bank, the Bankrupt Bank, the Bankrupt Co., Ltd., Ltd., and paid KRW 5.2 million in the purchase price of KRW 694 million in the purchase price of KRW 5.17 million in the form of the down payment, and on October 7, 2002, he transferred the status of purchaser to the Young-si Public Co., Ltd. (hereinafter referred to as the “ Young-Public Co., Ltd.”), but did not pay only the down payment and the first intermediate payment, he notified the Young-Public Co., Ltd. of the cancellation of the said contract, and sold the said real estate to G (H, I, and E are its behind investors) on January 20, 2003.

J Co., Ltd. (hereinafter referred to as the “J”) and its representative director K jointly conducted apartment construction projects with G on April 9, 2003, and paid 500 million won of down payment and 1.4 billion won of investment to G as one of E, and paid 30,405,320 won of aggregate land tax imposed on the Savings Bank plus 297,310,686 won of loan interest, and real estate tax imposed on the said real estate.

According to the above contract, public officials of Young-si filed a lawsuit against E for the registration of ownership transfer of the above real estate (Seoul High Court 2003Na5373), and one savings bank applied for a voluntary auction on the above real estate, and G entered into a contract with L Co., Ltd. (hereinafter “L”) operated by H to succeed to the status of purchaser of the above real estate on April 2004.

On July 8, 2004, when the above judgment becomes final and conclusive as a winning judgment of the Yong-friendly public official, J and K filed a lawsuit against G, H, I, and E for damages under the Daejeon District Court Decision 2006Gahap6359, Daejeon High Court Decision 2007Na13419, which is the appellate court of the above case, “G, I, and E jointly and severally pay 260 million won to J by December 20, 2008, and H pays 80 million won to K by October 31, 2008 (hereinafter referred to as “instant conciliation”), and H was established as to the above J and K around October 208.

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