beta
(영문) 수원지방법원안산지원 2014.04.24 2013가합6961

채무부존재확인 등

Text

1. The sales contract concluded on July 9, 2009 between the Plaintiff and the Appointor with respect to the area of 3,253 square meters prior to Siung-si.

Reasons

1. Basic facts

A. On July 9, 2009, the Plaintiff and the designated parties entered into a contract to sell the land of 3,253 square meters (at the time, it was within the land transaction permission zone; hereinafter “instant land”) to the designated parties as follows (hereinafter “instant contract”). On July 9, 2009, the Plaintiff first transferred the instant land to the designated officers of the Middleman.

C. Sales proceeds: 100,000,000 won (on July 10, 2009, to transfer to the head of the Tong): The balance of KRW 100,000,000 (payment on August 10, 2009): The default of obligation of KRW 87,000,000 and damages: In cases where the seller or buyer fails to fulfill the terms and conditions of this contract, the other party may demand in writing that the non-performance be notified and the contract be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

On July 10, 2009, KRW 685,00,000 on the registry of the instant land to transfer to the head of the Tong on July 10, 2009, the remainder except the down payment of KRW 100,000,000,000 from the total purchase price for the buyer to succeed to the said amount, excluding the down payment of KRW 100,000,000,000,000,000 shall be paid simultaneously at the time of transfer of ownership after acquiring land transaction permission.

B. According to the instant sales contract, the Selection paid the Plaintiff the down payment of KRW 100 million on July 10, 2009, and the intermediate payment of KRW 100 million on August 10, 2009, respectively. The Plaintiff paid KRW 32.68 million interest on the instant loan obligations from October 7, 2009 to January 8, 201, when the Plaintiff did not complete the succession procedure regarding the Plaintiff’s obligation to loans to the Mine Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) (hereinafter “instant loan obligations”).

The interest on the loan thereafter has been borne by the plaintiff again, and the amount shall be the same.