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(영문) 수원지방법원안양지원 2019.01.16 2018가단109217

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 25, 2015, the Defendant entered into a sales contract with the Plaintiff for the purchase of land D and E (hereinafter “instant sales contract”) between the Plaintiff and the Plaintiff, and the main contents are as follows.

Subject-matter of sale: KRW 1,130,00,000 for purchase price of land D and E at Dongducheon-si: KRW 10,000 for down payment, KRW 10,000 for down payment, and KRW 40,000 for intermediate payment, which is paid in March 20, 2015, shall be paid in balance, and KRW 1,080,000 for remainder payment shall be paid in March 30, 2015.

A seller shall receive the balance of the purchase price and, at the same time, deliver all documents necessary for the registration of transfer of ownership to a purchaser, and cooperate in the registration procedure, and deliver the said real estate to the purchaser on March 30, 2015.

Matters of special agreement

1.The seller (Plaintiff) actively agrees to the combination of the down payment and simultaneously with the down payment; 2. The payment of the remainder by the loan at the same time as the intermediate payment is made.

3. The balance date:

3. 30. The date shall be 30. It may be adjusted.

4. All orders for the use of the Sejong Deputy Director, the Car Center, and the FFS parking lot shall be liable to the seller (Defendant).

5. The remainder of KRW 1,080,000 shall be paid on April 20, 2015, with the remainder of KRW 1,080,000, which is an intermediate payment under a sales contract, to be further specified as part of the down payment, and the down payment of KRW 50,000,000, which is a part of the down payment.

B. On March 19, 2015, the Plaintiff combined the E and D land, which is the object of the instant sales contract, into “Dongducheon-si E and 1,706 square meters (hereinafter “instant land”).

The buyer and the buyer agree that the buyer will comply with the following provisions on March 30, 2015 due to the buyer's default on performance on March 30, 2015.

2. The remainder payment of the buyer shall be postponed on May 11, 2015.

3. Where the purchaser fails to pay any balance on May 11, 2015, the purchaser shall waive a contract for the sale and purchase of the land on this site and pay the down payment to the purchaser.

C. The plaintiff and the defendant.