채무부존재확인
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 13, 2013, the Plaintiff sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 760,000,000,000,000 from the Defendant on the date of the contract, and received KRW 68,00,000 from the Defendant as the down payment, and paid the remainder KRW 692,00,000 on December 20, 2013.
(hereinafter “instant sales contract”). The details of the instant sales contract are as follows.
Article 4:The seller shall pay to the seller the debts and taxes and public charges related to the real estate as of the date of the balance payment.
Article 5:The seller shall deliver all documents necessary for the ownership at the time of receipt of the balance to the buyer and shall cooperate in the registration of transfer.
Section 6:The seller shall reimburse the amount of the down payment at the time of the termination of this contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.
Special contract terms: The purchaser shall receive the deposit for the preceding and monthly rent of KRW 50 million.
(Deduction from any balance).
At the time of the instant sales contract, each real estate listed in paragraphs (4) and (5) of the attached list was completed the registration of creation of a mortgage with the maximum debt amount of KRW 320,000,000,000,000 for the debtor, the mortgagee, the mortgagee, the agricultural cooperative, the maximum debt amount, and the maximum debt amount of KRW 65,000,000 for each real estate listed in paragraphs (7) and (8) of the attached list.
(hereinafter referred to as the above right to collateral security (hereinafter referred to as the “instant right to collateral security”).
On January 6, 2014, the date of payment postponed by the defendant's request, the plaintiff did not pay the balance, and on the same day, the plaintiff's peremptory notice to the defendant that "if the defendant fails to pay the balance by January 13, 2014, the contract will be deemed terminated without a separate declaration of intention" (hereinafter "the peremptory notice of this case").
B sent by content-certified mail, but the above peremptory notice was returned on January 16, 2014.