채무부존재확인
1. Among the instant lawsuits, a loan contract for commercial buildings of the first floor and the second floor C among the real estate listed in the attached list is concluded.
1. Basic facts
A. The Plaintiff is a person who completed the registration of ownership transfer as a receiver No. 75642, Oct. 29, 199, with respect to the real estate listed in the separate sheet (the land and its ground buildings; hereinafter “instant real estate”).
B. The defendant is the plaintiff's children.
Meanwhile, the Defendant is operating a restaurant in the name of “D” in the first floor shopping mall (hereinafter “instant shopping mall”) among the instant real estate, and resides in the second floor C housing (hereinafter “instant housing”).
C. As of April 1, 2015, the Plaintiff entered into a lease agreement that leases the instant commercial building to the Defendant from April 1, 2015 to five years from the lease term. As of September 9, 2015, the Plaintiff entered into a lease agreement that leases the instant commercial building to the Defendant for KRW 200 million from the lease term and five years from September 9, 2015.
The seals of the plaintiff and the defendant are affixed to each lease contract above.
On the other hand, on July 19, 2016, the defendant was granted a fixed date of No. 1198, 1200 in Ansan-si, respectively on each of the above lease agreements.
The Plaintiff sold the instant real estate in KRW 1.2 billion to F and G on September 21, 2017.
According to the sales contract, the registration of transfer of ownership in F and G (each co-ownership share 1/2) was completed as of November 8, 2017 from No. 86062, which was received on November 8, 2017 to No. 86062, which was made on September 21, 2017.
E. On November 8, 2017, the Plaintiff drafted a confirmation note containing the following special agreements with F and G.
① The Plaintiff’s ASEAN (referring to the instant house) deposit amounting to KRW 200 million and KRW 200 million in the first floor commercial building (referring to the instant commercial building), and KRW 500 million in the monthly rent security amount, should be deducted from the sales balance and paid.
(2) When the defendant requests the return of the deposit for lease on a deposit basis, the purchaser shall consent or obtain consent from the plaintiff or his/her delegated father.