채무부존재확인
Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a company established for the purpose of real estate sale and sale business, etc., and carried out the remodeling construction of the building and the sales of accommodation facilities (hereinafter “instant business”). The Defendant was established for the purpose of loan and loan brokerage business, etc., but did not complete the registration of the loan business, and E (hereinafter “E”) is a company for the purpose of sales agency business.
B. On December 20, 2017, the Plaintiff entered into a purchase-type sales agency contract between the Plaintiff and E (hereinafter “instant sales agency contract”) with E. The main contents of the instant sales agency contract are as follows.
Article 1 (General Provisions) The purpose of this Agreement is to carry out as a sales agency for the goods subject to sale under Section 2 of this Agreement by the deadline provided for in Section 4 (Sale Business Activities) of this Agreement for the goods subject to sale under Section 2 of this Agreement, and to transfer ownership to Section 2 or to Section 2 of this Agreement after entering into an underwriting contract with respect to the heading rooms for which the sales contract has not been concluded by March 30, 2018 among the goods subject to sale after the expiration of the period for the contract, and the heading office for which Section 4 (Sale Business Activities) has not been concluded by March 30, 2018.
- Article 2 (Goods Subject to Sale) Goods subject to Sale
(a) Indication of real estate: Land and buildings in Yangyang-gun C and 35 lots;
(b) Number of rooms: Total of 320 households (small-type 282 households, mid-term 38 households) and total of 3 (payment of sale price and performance bond, and conclusion of this contract) purchase price of goods subject to sale shall be KRW 21,480,000 (21,480,000,000) per this white day.
Provided, That the value-added tax on a building shall be separately imposed.
2. For the purposes of the implementation of this Agreement, “B” shall mean “A” under paragraph 4 below at the time of the conclusion of this Agreement of 500,000,000 Won (hereinafter referred to as “Performance Deposit”).