채무부존재확인
1. The Plaintiff A’s obligation of KRW 75,00,000 based on a monetary loan agreement concluded on June 16, 2017 between the Plaintiff A and the Defendant.
1. Facts of recognition;
A. On June 6, 2017, the Plaintiffs entered into a contract with the Defendant to purchase the four-story neighborhood living facilities and housing of the D-ground reinforced concrete structure and the brick sloping roof (hereinafter “instant sales contract”) with the Defendant on the same day (hereinafter “instant sales contract”). On the same day, the Plaintiffs paid the Defendant the down payment of KRW 70 million.
B. However, in order to pay tax less than 750 million won, a sales contract shall state the purchase price in KRW 750 million, and in order to secure the payment of KRW 75 million, the difference, the Plaintiff prepared and issued a loan certificate with a loan amount of KRW 75 million to the Defendant (hereinafter “the loan certificate of this case”).
C. Meanwhile, the Plaintiffs and the Defendant agreed to cancel the instant sales contract. Accordingly, the Defendant returned to the Plaintiffs a total of KRW 20 million, including KRW 15 million on June 19, 2017 and KRW 5 million on June 20, 2017. On June 19, 2017, the remainder of KRW 50 million on June 19, 2017, the Defendant agreed to pay KRW 1,22, and 65.81 square meters on each 65.81 square meters on each 1,2, and each 65.8 square meters on each 1,2,3 (referring to the two floors on the registry) among the three floors (hereinafter “instant building”).
Based on the loan certificate of this case, the Defendant applied for provisional attachment on August 29, 2017, with regard to GJ 391.4 square meters and its ground reinforced concrete structure's sloping roof, and three-story neighborhood living facilities' general bathing houses owned by the Plaintiff.
Accordingly, Plaintiff A deposited KRW 75 million on August 31, 2017, and was revoked on September 5, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 11, Eul evidence 7 and 8, the purport of the whole pleadings
2. The assertion and judgment
A. The instant loan certificate was prepared for the payment of part of the purchase price under the instant sales contract.