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(영문) 서울중앙지방법원 2015.10.07 2015가합527613
공탁금출급청구권확인
Text

1. Korea Land and Housing Corporation deposited by Daejeon District Court No. 573 on March 30, 2015 393,946,580 won.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 31, 2011, between the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Korea Land and Housing Corporation (hereinafter “Plaintiff”) concluded a sales contract to purchase land of KRW 1,710 square meters between the Plaintiff (hereinafter “the instant sales contract”) and Nonparty 3,06,00,000 for a total of KRW 777,497,497,000,000 for the contract deposit on August 31, 201; and upon the instant sales contract, the Plaintiff was appointed as custodian at the commencement of the rehabilitation procedure. In this case, regardless of whether before or after the commencement of the rehabilitation procedure with respect to the said company, the Plaintiff was appointed as the Plaintiff. The Plaintiff made a sales contract to purchase land of KRW 1,710,00 for KRW 77,497,00 for the said company,00,000 for installment payments of KRW 36,301,200 for the said company’s installment payments of KRW 136,20136,2136,201.

B. On November 25, 2009, the Defendant extended a loan from the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) (hereinafter “Defendant”) to the Defendant, on November 25, 2009, the following terms and conditions between the Nonparty Corporation and the Nonparty Corporation (hereinafter “instant loan agreement”).

A) The Defendant (hereinafter “A”) and the Nonparty Corporation (hereinafter “B”) agree to the following matters in dealing with the loan by the Plaintiff (hereinafter “A”) to the purchaser of the land supplied by the Plaintiff (hereinafter “B”). Article 5 (Preservation of Loan Claim) provides that “A shall comply with the request for the consent of the transfer of claim with respect to the right to claim the return of the purchase price of the land paid by Byung to preserve the loan claim.”

(2) If any of the following causes occurs before the full payment of the land sale price occurs, Eul shall submit the amount equivalent to claims related to loans from the refund payment excluding the contract deposit among the land sale price paid by Byung to be appropriated first for the repayment of claims by Gap:

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