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(영문) 광주지방법원 2014.12.18 2014가단26243
파산재단채권이행청구
Text

1. The Defendant shall complete the payment of KRW 20,000,100 to the Plaintiff (Appointed Party) and the Appointed and the Defendant from June 3, 2014.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the Selected D (hereinafter collectively referred to as the “Plaintiffs”) were the debtors and managers of the rehabilitation case No. 2010 group 2 of the Gwangju District Court (No. 15, 2010), and the rehabilitation plan for the rehabilitation case (the rehabilitation claim No. 2010, Oct. 15, 2010) (the rehabilitation claim No. 2014, Dec. 30, 201) and the rehabilitation claim No. 2 of the said rehabilitation case (the “instant real estate”).

(3) On October 201, 201, the Plaintiff: (a) concluded a sales contract to sell and purchase the instant real estate at KRW 1 billion upon the end of the preparation year (2010) by selling it; (b) concluded on October 6, 201; and (c) paid the down payment of KRW 200 million on the terms and conditions of the sales contract with the permission of the Gwangju District Court on October 13, 201; and (c) transferred the amount to the Industrial Bank of Korea on November 1, 201, as delegated by the debtor and the administrator.

(Appointedr D deposits into the post office account in B, and B deposits into the Bank account on the same day). (B)

The bankrupt was declared bankrupt on December 30, 2013, and the defendant was appointed as the bankruptcy trustee on December 30, 2013 due to the failure of B to perform the obligation under the rehabilitation condition of the above rehabilitation case.

C. On January 14, 2014, the Plaintiffs requested the Defendant to report as estate claims, since the instant sales contract was terminated due to the Defendant’s declaration of bankruptcy in the rehabilitation case. However, the request was not accepted.

Accordingly, on March 7, 2014, the plaintiffs, by telephone from the defendant on January 14, 2014, notified the defendant that they had concluded a sales contract for B-owned real estate with the permission of the court in relation to B-owned real estate, and paid some of 200 million won in the purchase price in the rehabilitation, and the contract is naturally terminated, and the defendant is determined as estate claim.

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