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(영문) 인천지방법원부천지원 2019.06.19 2018가단121693

채무부존재확인

Text

1. The Plaintiff’s obligation under the Plaintiff’s contract entered into on September 22, 2017 between the Plaintiff and the Defendants is 90 million won.

Reasons

1. Basic facts

A. On March 6, 2017, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares of E forest land 21025 square meters (hereinafter “E land”).

B. On September 22, 2017, the Plaintiff, the Defendants, Nonparty F, G, and H entered into an agreement on land development (hereinafter “instant agreement”). The content of the instant agreement is as follows.

Article 1 (Purpose) The purpose of this Agreement is to facilitate the progress of the Project through an agreement between the Defendants, F, and G in E development to be promoted by the Plaintiff.

Article 2 (Contents of Contract) - Contents of this Agreement shall be as follows:

1. Subject matter of a contract: 1) A bridge installed on the access road to the E-Si of Pakistan in Gyeonggi-do; 2) Amju in Gyeonggi-do;

2. The plaintiff shall pay a gold of KRW 90 million to the defendants for their services immediately after completion of authorization and permission for development activities.

3. The Plaintiff is expected to make all obligations to be paid by F and G to the Plaintiff on the condition that F and G do not actively cooperate with the waiver, transfer, transfer, removal, and the implementation of E projects, etc. of all rights related to the bridge, access road, and various goods scattered in E for purposes other than the Korea Rural Community Corporation (such as tomb, stone, and other goods)

(B) Bridges are first completed in the name of the applicant F and then transferred to the Plaintiff). 4. H cooperates with E’s prompt authorization and permission by providing the Plaintiff with a written consent to the use of the road and relevant documents on the access road corresponding to the access road.

5. The Plaintiff shall pay H KRW 242,00,000,000 to H immediately after completion of authorization and permission for E development activities.

In addition, part of the plaintiff's notification (Am25m2) adjacent to H's land is divided and transferred after permission for development activities is granted.

Article 3 (Scope of Obligations to be Agreed) - The scope of obligations under this Agreement shall be as follows:

1. The Plaintiff’s duty to maintain a smooth relation with the Defendants 1.