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(영문) 서울고등법원 2016.10.04 2015나26506

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

In the separate list on February 17, 2014 between the Plaintiffs and the Defendant, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of 1/2 shares of the instant real estate (three parcels of land), and D are the same parents of the Defendant.

B. On behalf of the Defendant, on February 17, 2014, the Defendant entered into a sales contract with the Plaintiffs to purchase the instant real estate (hereinafter “instant sales contract”). The major contents of the sales contract (A-1; hereinafter “instant sales contract”) entered into at the time are as follows: [the sales contract of this case] KRW 1,872,00,000 for the sales price of Article 1 (Sale Price and Time) [1,872,000 for the sales price of KRW 180,000 for the intermediate payment of KRW 400,000 for the intermediate payment of KRW 1,292,00,000 for the remainder payment of March 17, 2014 for the remainder payment of KRW 1,292,000 for the seller or buyer on June 30, 2014, the other party may rescind the contract in writing with the intent of the seller or buyer on June 30, 2014.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

3. This contract is to deposit part of 40,000,000 won of the down payment into the seller’s account at the time of the contract, and the remainder of the down payment by February 21, 2014.

4. A building permit shall be filed by a seller for the future and the name of the owner shall be changed along with the registration of transfer of land at the time of balance

Seller: A and B buyer: C (Substitution) D.

[Amount of Cash Storage] Amount: KRW 483,600,000 as above shall be paid in full on February 17, 2014, and shall prepare this Certificate and write his name and affix his seal to it in order to ensure the receipt (storage) of the above amount.

The reason for storage: In accordance with the sales contract of the instant real estate, the buyer pays in cash the amount of the principal amount other than the purchase price under the sales contract until the balance is paid, and the seller shall also submit a document for ownership transfer registration