채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is an executor who newly built and sold an apartment unit B (hereinafter “instant apartment”) in Yongsan-gu, Busan Metropolitan City. C Co., Ltd. (hereinafter “C”) entered into a contract for the new construction of the instant apartment unit with Dlimz and the construction of the instant apartment unit.
B. On April 15, 2009, the Plaintiff entered into a sales contract to sell 301 Dong 2101 out of the apartment of this case at 682,00,000 won among the apartment of this case (hereinafter “the sales contract of this case”) (hereinafter “the sales contract of this case”), and the contents of the sales contract of this case related to this case are as follows.
(1) Drts may, when the plaintiff has committed any of the following acts, cancel this contract after peremptory notice, in the absence of such performance:
(2) When the Plaintiff does not pay any balance within three months from the date of the agreement, three months from the date of the agreement; (3) when the loan was arranged by the drts’ guarantee; and when the Plaintiff claims performance on behalf of the drts from the financial institution due to the Plaintiff’s failure to pay interest, etc. on at least two occasions, even if the period of grace has been set at least 14 days, the Plaintiff does not pay the interest, etc. during the financial period (Provided, That this contract shall be rescinded if the Plaintiff does not pay the interest, etc. to the financial institution after the period of grace has expired; and (3) when the contract is terminated, the Plaintiff may rescind this contract if it becomes impossible to move into within three months from the scheduled date of occupancy due to a cause attributable to the drts’s
C. In order to pay part payments for the instant sales contract, the Plaintiff received each of the loans from the Defendant for KRW 341,00,000 on May 20, 2009, and KRW 68,200,000 on December 14, 2010.