채무부존재확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the portion added to the following:
2. On the 12th page of the first instance judgment, the addition shall include the following:
“3) The instant business agreement, claiming that there is no debt for a loan, constitutes a contract for a conditional third party with the obligation to perform the repayment of a loan for a buyer in lots, and the Plaintiffs expressed their intent to make profits on the rights under each business agreement of this case.
Therefore, in the event that the sales contract is cancelled, the obligation of the Plaintiffs to lend the intermediate payment to the buyer is preferentially repaid by the disposal of the apartment complex of this case secured by the instant real estate trust agreement, which is a security trust that is granted the right to preferential benefit to the Defendants. Therefore, the Defendants are not separately liable for the loans.
The following is added to the 13th page 10 of the first instance judgment. As seen above, each of the instant business agreements and each of the instant loan agreements is a separate agreement with different parties to a contract, purpose, and content, and it is reasonable to view that each of the instant loan agreements is a valid one regardless of the validity of each of the instant business agreements.
As long as the Plaintiffs concluded each of the instant loan agreements with the Defendants, the Plaintiffs should be deemed to have the duty to repay the obligations of each of the instant loans as the principal obligor of each of the instant loan agreements.
Although the Defendants cancel each of the instant sales contracts between Dratts and Newdong Construction, each of the instant sales contracts was paid by the Plaintiffs to the Defendants.