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(영문) 대구지방법원 2015.12.17 2015가합205387
매매대금반환
Text

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

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

Reasons

1. Basic facts

A. The Party’s status 1) The Future Savings Bank (hereinafter “Bankruptcy Bank”)

(1) On April 30, 2013, the Plaintiff was declared bankrupt by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as bankruptcy trustee on November 5, 2013. (2) The net AF died on November 5, 2013. The statutory heir is Defendant A, AB, AC, and the net AG died on September 23, 2001, and his heir is Defendant Y and Z.

On April 27, 2015, the deceased on April 27, 2015, the Network U selected the Defendant (Appointed Party; hereinafter “Defendant”) as the designated party by inheritance of the property by AH, AI, V, AJ, AK, AL, and AM.

(Attached 1 List of Selections)

B. On October 12, 2006, the USPPP Co., Ltd. (hereinafter “CPPP”) operated a new business of constructing a main complex building in Daegu-gu AO, Daegu-gu (hereinafter “instant business”). On October 12, 2006, 5.8 billion won (the due date extended to the due date of July 12, 2007) extended loans from the bankrupt bank at 10% per annum and due date of January 12, 2007 (the period of maturity extended to the due date of July 12, 2007).

However, the USPP has not fully repaid the principal of the loan until the date of the closure of the pleadings in this case.

C. In order to secure a site for the instant project, the Trade Agreement concluded each of the instant sales contracts (hereinafter “each of the instant sales contracts”) with the Defendants, each owner of the Daegu-gu AP and its ground buildings (if the seller dies, the decedent, who is the seller, refers to the decedent, and hereinafter “the Defendants”) as stated in the attached Table 2 of the sales contract.

Article 3 of each of the instant sales contracts provides that “The purchase price, payment method, and effect of an agreement” shall be set at the time of completion of 90% of the purchase contract for a project site, intermediate payment, and remainder shall be within 20 days after authorization is granted (Provided, That within 180 days).”

When the trade contract of this case is concluded, it is necessary to implement the business of this case.

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