채무부존재확인
1. As to the sales contract of 412.3 square meters for the Plaintiff A and the Defendant entered into on November 18, 2015, Plaintiff A’s Defendant.
1. Facts of recognition;
A. On October 28, 2015, the Plaintiffs and F sales contract 1) concluded a sales contract with F to sell their own land as follows. Plaintiff A’s land (hereinafter “instant land”) of the purchase price of the Plaintiff’s subject matter of sale (hereinafter “instant land”).
Plaintiff B’s share in Section 2 of the Disposition (hereinafter “instant shares”) KRW 3 billion (hereinafter “instant land”).
2) F) The sum totaling KRW 100,000,000 is KRW 2) the sum totaling KRW 100,000 to Plaintiff A and KRW 50,000 to Plaintiff B as the down payment.
B. The Plaintiffs and the Defendant’s sales contract 1) on November 3, 2015, F established the Defendant (mutual name at the time: G Co., Ltd.) and was appointed as an internal director. The F may benefit from the loan to be contracted under the name of the Defendant to the Plaintiffs. As such, the contracting owner was changed to the Defendant and entered into a new contract. The Plaintiffs received them. (2) On November 18, 2015, the Plaintiffs entered into a sales contract with the Defendant to sell their own land as follows.
(2) In the event that a seller or a purchaser suffers any disadvantage to the terms and conditions of this contract, the other party may make a written peremptory notice and rescind the contract in writing to the person who has failed to perform the contract, if the other party gives a written peremptory notice and the other party gives a written peremptory notice to the seller or the purchaser of the land (a contract amount of KRW 2.25 billion: KRW 100,000,000,000,000: KRW 2.255 billion,000,000,000,000: KRW 50,000,000,000: KRW 650,000,000,000,000: KRW 50,000,000,000,000).
In addition, the parties to the contract may claim damages following the rescission of the contract respectively to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages (hereinafter “instant agreement”).
The Defendant did not pay any balance at the time of the rescission of the instant sales contract. The Plaintiffs, on December 16, 2015, did not pay the remainder.