채무부존재확인
1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant, designated party) shall be revoked;
2. The separate sheet shall be set out.
1. Facts of recognition;
A. The Defendant purchased land within the E-Unit District Unit Planning Zone in Namyang-si, Namyang-si, and executed a redevelopment project to construct multi-family housing and commercial facilities (hereinafter “instant redevelopment project”).
B. On March 10, 2006, the Defendant: (a) purchased each real estate listed in the separate sheet in the E District Unit Planning Zone (hereinafter “each of the instant real estate”) from G (Agent H) to KRW 11 billion; (b) paid 1.1 billion down payment to G on the same day; and (c) agreed to pay the remainder KRW 9.9 billion to the payment on July 10, 2006.
(hereinafter “instant sales contract.” However, each of the instant real estates listed in the table 1 to 9, 13 through 16, among the instant real estates (hereinafter “real estate subject to the instant land transaction permission”) was located within the land transaction permission zone designated by the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
The main contents of the instant sales contract are as follows.
Article 2 (Real Estate Sales Contract) G is sufficiently aware that the Defendant purchased real estate owned by another person in the business area including each of the instant real estate in G and concludes a sales contract for the purpose of the construction of multi-family housing and commercial facilities (hereinafter referred to as "main business").
Article 4 (Methods and Conditions for Payment of Sale Price) (2) G shall, after receiving down payment from the defendant after a sales contract, give the defendant a written consent to the use of land for the business to the defendant, attaching two copies of a certificate of personal seal impression, and shall also cooperate in the issuance of administrative documents required by the
Article 5 (Matters of Special Agreement) (1) G shall be responsible for and complete the lease and surrender of the above-ground objects by the balance, and any structure detrimental to the Defendant's main business and any third person's occupation and use (such as graveyard, house, fruit trees, crops, etc.).