beta
(영문) 수원지방법원 2013.01.10 2012가합12323

채무부존재확인

Text

1. The plaintiffs' primary claims are dismissed.

2. Defendant SP Construction Co., Ltd.: 208,96,347 won against Plaintiff A.

Reasons

Basic Facts

Defendant AS Construction Co., Ltd. (hereinafter referred to as “Defendant AS Construction”) is an executor of the construction project of D Apartment Complex D (hereinafter referred to as “instant apartment”) in the public housing zone (hereinafter referred to as “instant apartment complex”) outside and outside 27 lots of land in Yeongdeungpo-gu, Young-gu. The Plaintiffs are several buyers who purchased the instant apartment from Defendant AS Construction, and the Industrial Bank of Korea and the Korea Exchange Bank of Korea (hereinafter referred to as the “Defendant AS Exchange Bank”) extended part payment to the Plaintiffs regarding the instant apartment.

Plaintiff

On August 9, 2006, A entered into a contract with the Defendant to purchase the instant apartment unit of KRW 106,701 and KRW 600 million (hereinafter “instant sales contract”). On September 21, 2006, Plaintiff B entered into a contract with the Defendant to purchase the instant apartment unit of KRW 103,702 and KRW 71,000,000 (hereinafter “instant sales contract”). The main contents of each of the sales contract are as follows.

Article 1 (Supply Price and Payment Method) The buyer shall supply real estate subject to sale by the following methods, and the buyer shall pay the corresponding amount to the Defendant S. Construction:

(1) The 6th (00,000 31,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,7107 10,707 10,507 10,707 10,707 10,507 10,707 10,707 10,507 10,000 1,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000,000 70,007 10,005, 307 10,507 10,005

2. The balance shall not be paid within three months from the date of the agreement.