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1. The plaintiff's lawsuit against the administrator C of the rehabilitation debtor B, who is the plaintiff's lawsuit taking over the defendant B.
Reasons
I. The summary of the case is the case where the Plaintiff, a multiple buyers, seeks to refund KRW 72,375,000, which was already paid to Defendant Asian Trust Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) such as the buyer, etc., for the reason that the apartment sales contract becomes invalid or the contract cancellation or rescission becomes invalid due to the Plaintiff’s reasons for cancellation or rescission, and thus, the Plaintiff’s claim for reimbursement of KRW 72,375,000,000, which was made against the administrator C of the rehabilitation company B, and at the same time, seeks to confirm the existence of the obligation of KRW 30 million out of the principal and interest of the intermediate payment as part of the claim against the Defendant NonNK Savings Co.
Ⅱ The basic facts
1. Defendant L&WD entered into a management-based land trust contract as an executor entrusted with execution. Defendant Asia Trust entered into a management-based land trust contract with respect to the new construction and sale of the apartment complex “EM apartment” (hereinafter “instant apartment”) in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, etc. on December 18, 2009 as a contractor, and Defendant Asia Trust entered into a management-based land trust contract with respect to the new construction and sale of the apartment complex.
2. On April 27, 2011, the Plaintiff entered into a sales contract and paid down payment with Defendant Asian Trust for the purchase price of KRW 1,447,500,000 (hereinafter “instant sales contract”) with the content that the Plaintiff would sell 101 Dong-dong (58 square meters; hereinafter “sale apartment”) of the instant apartment at KRW 1,447,50,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 72,375,00 to Defendant Asian Trust deposit.
Defendant L&W E&C puts his name and seal on the consignment company, B’s name and seal on the apartment sale contract (supply contract) as the contractor.
The contents of the contract for sale are as follows:
Article 2 (Cancellation of Contract) (1) of the contract at the end of October 2013 (2) of the scheduled date of occupancy in the contract for sale in this case (2) shall be the buyer's act falling under any of the following subparagraphs: