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(영문) 대전지방법원천안지원 2016.08.11 2016가단101859

채무부존재확인

Text

1. On July 30, 2015, the Plaintiff (Counterclaim Defendant)’s real estate indicated in the [Attachment 1] List against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. Plaintiff A is the owner of the real estate listed in the separate sheet No. 1., and Plaintiff B is not more than the real estate listed in the separate sheet No. 2.3.

1.2.3. Total sum of real estate listed in the list on February 3, 200

B. On July 30, 2015, the Plaintiffs are the owners of the instant sales contract with the purport to sell the instant real estate to the Defendant in total at KRW 966,00,000 (hereinafter “instant sales contract”).

1,00,000 won was paid in total by the Defendant.

According to the instant sales contract, the Defendant paid the remainder without intermediate payment to the Plaintiffs by November 30, 2015. The down payment and the balance of individual real estate are as listed below.

D E F G H

C. The Defendant purchased the instant real estate from the Plaintiffs in order to construct a factory in the instant real estate, and for this purpose, stated that “50% of the non-scheduled contract deposit for factory use until September 15, 2015” in the terms of the instant sales contract shall be refunded. A civil petition shall not be filed even before September 20, 2015, because it is not length as a construction relationship. The non-scheduled construction works shall be restored to their original state.”

In addition, the plaintiffs and the defendant on August 31, 2015, the special terms and conditions of the sales contract of this case are more specific terms and conditions.

For greater certainty, the agreement of this case (hereinafter referred to as "the agreement of this case") shall be

was drawn up.

1. A seller may rescind this contract if the buyer fails to obtain a construction permit by October 30, 2015;

When this contract is terminated, 50% of the down payment of 100,000,000 won shall be possessed by the seller and the remainder 50% shall be refunded by the seller to the buyer.

2. A written consent for land use shall be used only for the purpose of obtaining a building permit, and shall become void when a sales contract is cancelled;

3. The buyer is also prohibited from occupying or using the land or providing as security prior to the payment of any balance.

4. The buyer shall pay any balance.