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(영문) 수원지방법원평택지원 2020.07.02 2019가합15269

채무부존재확인

Text

Plaintiff

A and the defendant are based on the sales contract concluded on September 29, 2016 with respect to each real estate listed in attached Table 1 list.

Reasons

Basic Facts

A. On September 29, 2016, Plaintiff A sold each real estate listed in the separate sheet No. 1 list to the Defendant at KRW 3,452,130,000 (hereinafter “Plaintiff A’s sales contract”), and on the same day, Plaintiff A received KRW 150,000,000 from the Defendant for down payment and intermediate payment.

Plaintiff

A The parts relating to the instant case in the sales contract are as follows:

Article 1 (Real Estate Sales Price) (1) 3,452,130,000 won (a contract deposit and intermediate payment of KRW 150,000,000, the remainder 3,302,130,000) (2) The timing for payment of the sales price is as follows:

The remainder of the date of concluding a contract or the date of payment of the purchase price: Article 2 (Terms and Conditions of Contracts) (1) No seller and purchaser may unilaterally terminate the contract for any reason after the conclusion of this contract, and if the contract is terminated, 20% of the total purchase price and all the expenses related to the authorization and permission shall be paid to the other party in penalty.

5. The term of validity of this contract shall be 24 months, and the authorization and permission is void at the time of non-authorization due to the personal circumstances of the purchaser, and the down payment and intermediate payment shall not be returned.

Provided, That where there is an primary problem in the alteration of an urban area or an urban development project at the time of permission, the down payment and intermediate payment shall be returned to the purchaser.

B. On August 22, 2017, Plaintiff B sold each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each real estate of this case”) to the Defendant for KRW 7,373,800,000 (hereinafter “Plaintiff B’s sales contract”; and on the same day, Plaintiff B received KRW 300,000 from the Defendant for down payment and intermediate payment on the same day.

Plaintiff

B The parts relating to the instant case in the sales contract are as follows:

Article 1 (Real Estate Sales Amount) (1) 7,373,800,000 won (contract and intermediate payment amount to 300,000,000 won, remainder 7,073,800,000 won) (2)