채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 40,000,000 to the Defendant (Counterclaim Plaintiff) and the same from December 19, 2017 to the date of full payment.
The main lawsuit and counterclaim are also finite.
1. Indication of a real estate sales contract that is based on the facts: The defendant of Article 2 of the instant real estate shall pay the sales price as follows:
The purchase price: 400 million won shall be paid according to a special agreement on the day of the contract.
The intermediate payment does not exist: The payment shall be made by July 31, 2017, in the amount of KRW 360 million.
Article 6 (Plaintiff) In the event that the seller (Plaintiff) has terminated the contract, he/she shall reimburse the amount of the down payment, and the buyer (Defendant) shall waive the down payment and not claim the return thereof.
[Matters of Special Agreement]
1. Of the above down payment, KRW 20 million shall be immediately paid on the date of the contract, and the remainder KRW 20 million shall be paid upon receipt of the written consent from the owner of the adjacent land C, and the delivery thereof to the Defendant.
2. The delivery period of a written consent to the use in question shall be until May 31, 2017;
3. In a case where it becomes final and conclusive that the consent to use under the above paragraphs 1 and 2 is not delivered, this contract is null and void, and the settlement is completed by returning the down payment received by the plaintiff to the defendant, and no civil or criminal claim shall be filed against the other party in addition to the return of the down payment.
4. The plaintiff shall remove all graves and their accessory facilities on the ground of the above real estate from their own responsibility and responsibility until the balance date.
On May 23, 2017, the Defendant concluded a sales contract with the Plaintiff to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant sales contract”) (hereinafter “instant real estate”). The main contents are as follows.
B. The Plaintiff received KRW 20 million out of the down payment on the day of the instant sales contract.
C. After that, the Plaintiff requested C owner D, a neighboring land, to deliver a written consent to land use for the implementation of the special agreement, but D rejected this.
Accordingly, the plaintiff was null and void pursuant to Paragraph 3 of the above special agreement, and thus, the down payment already received.