채무부존재확인
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 50 million with full payment from March 31, 2016.
1. Basic facts
A. On May 29, 2014, the Plaintiff entered into a sales contract with the Defendant on the purchase price for the Daegu Dong-gu, Daegu-gu, D, E, F, G, H respective land (hereinafter “instant real estate”) and the current status of the ground owned by the Plaintiff, with KRW 1.2 billion, to sell it to the Defendant (However, the purchase price reported as a tax issue was decided to be KRW 60 million; hereinafter “instant sales contract”).
B. The main contents of the instant sales contract are as follows: (i) the down payment shall be KRW 100 million; (ii) the remainder of KRW 50 million shall be paid at the time of resolution of the provisional seizure (the claim amounting to KRW 30 million, creditor I, hereinafter “provisional seizure”); and (iii) the remainder shall be paid after the completion of the construction of the instant real estate after the intermediate payment: (iii) the obligation of KRW 570 million is succeeded to the establishment amount of the collateral security; and (iv) the payment shall be made after the completion of the construction of the building attached to the instant real estate; (v) the buyer shall bear the necessary documents for the transfer of the registration of the instant real estate; and (v) the transfer of ownership related to the instant H access land among the instant real estate shall be 80% until the progress rate is reached; and (vi) the date of delivery of the instant real estate shall be June 15, 2014.
C. On May 29, 2014, the Defendant paid the Plaintiff KRW 50 million out of the down payment of KRW 100 million.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, Gap evidence 3, Eul evidence 1, Eul evidence 2-1 through 6, the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. The Plaintiff asserted that the Defendant delayed the payment of the remaining down payment of KRW 50 million, and thus, the instant sales contract was cancelled on this ground, and the amount of damages equivalent to the down payment is KRW 100 million.