채무부존재확인
1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.
Plaintiff (Counterclaim Defendant) A and Plaintiff B.
1. Facts of recognition;
A. On May 14, 2014, the Plaintiffs and F and Defendant C entered into a contract for land sale, etc. between the Plaintiffs and F and Defendant C on May 26, 2014, with Defendant C, the Plaintiff, the owner of F and Construction Business, the wife E, and the Plaintiff purchased approximately 330.58 square meters (including about 100 square meters, road portion) out of the said land, and Defendant C newly constructed a house of approximately 40 square meters on the land subject to the said sale and purchase at KRW 330 million. 2) The Plaintiffs, F and Defendant C concluded a contract for land sale and construction with approximately 376.25 square meters (including approximately 14 square meters, road portion), the size of the said land to be increased to KRW 14 billion, and the size of new building to approximately 300 million and approximately 300 million.
(2) The term “land purchase and sale contract” and “construction contract” collectively mean “land subject to the instant construction contract,” and the term “the said land subject to the said purchase and sale,” and the term deposit KRW 40 million out of the said purchase and sale price (hereinafter “instant new building”) was to be paid to Defendant C on August 30, 2014 when a contract is concluded, intermediate payment of KRW 90 million was completed, and the remainder amount of KRW 220 million was to be paid to Defendant C on August 30, 2014 (i.e., the Plaintiffs paid the price to Defendant C, and Defendant C paid part of the price received to F inside the said new building.
(2) Accordingly, the Plaintiffs paid to Defendant C the sum of KRW 130 million in the down payment and intermediate payment, and Defendant C paid KRW 58 million in the above KRW 130 million to F (the above amount was not presented to Defendant C and F on the accurate date paid to Defendant C and F)
B. B. The Defendant C is to construct the new building of this case to Defendant D around early 2015, including the agreement on the payment of the price between Plaintiff A and the Defendants, and its background.