채무부존재확인
1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.
2. The defendant's District Court in Incheon for the plaintiff.
1. Basic facts
A. On June 29, 2010, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with the Defendant to sell each of the lands listed in the separate sheet owned by the Plaintiff in the land transaction permission zone (hereinafter “each of the instant lands”) to the Defendant at KRW 1,940,000,000 (hereinafter “instant sales contract”).
B. On June 30, 2010, the Defendant paid the Plaintiff the down payment of KRW 200,000,000 and intermediate payment of KRW 100,000,000 according to the instant sales contract, and requested the Plaintiff to cooperate in the procedure for applying for land transaction permission regarding each of the instant land, but the Plaintiff did not comply therewith. 2) Accordingly, the Defendant filed a lawsuit against the Plaintiff seeking performance of the procedure for applying for land transaction permission under the Incheon District Court Branch Branching 2010,7378, and on May 2, 2011, a voluntary adjustment was established between the Plaintiff and the Defendant, and the instant protocol was prepared with the following contents.
(Adjustment Provisions)
1. The Defendant shall pay the Plaintiff KRW 1,640,000,000 in the balance of the purchase price for each of the instant lands, and the Defendant shall pay KRW 300,000,000 out of the purchase price until May 3, 2011.
2. On June 30, 201, the Plaintiff received KRW 700,000,000 from the Defendant out of the balance of the purchase price stated in paragraph (1) from the Defendant on June 30, 201, and simultaneously implement the procedure for the registration of ownership transfer for each of the instant land to the Defendant on June 29, 2010.
On June 30, 201, the Defendant shall pay the Plaintiff KRW 700,000,000 to the Plaintiff at the same time upon receiving the registration procedure for transfer of ownership from the Plaintiff.
3. By December 31, 2011, the Plaintiff completed the cancellation of the building name map, the procedure for removal, and the building ledger for each of the residents on the instant land.
4. At the same time, the Defendant shall pay the Plaintiff KRW 640,000,000 in the balance of the purchase price.
5. The plaintiff and the defendant set forth in the above paragraphs 1 through 4.