채무부존재확인
1. The Plaintiff (Counterclaim Defendant)’s appeal against the instant principal lawsuit and counterclaim and the preliminary principal lawsuit added at the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 18, 2018, the Plaintiff and the Defendant concluded a sales contract with the purport that the Plaintiff would sell real estate (hereinafter “instant real estate”) in the attached Form (hereinafter “instant sales contract”) to the Defendant for KRW 680 million (hereinafter “instant real estate”).
B. 1) The instant sales contract states that: (a) the down payment is KRW 60 million on August 21, 2018; (b) the intermediate payment of KRW 240 million on October 31, 2018; and (c) the remainder of KRW 380 million on January 31, 2019; and (b) the remainder of KRW 380 million is paid respectively on January 31, 2019; and (c) as a special agreement, the instant sales contract states that “the remainder may be front of the intermediate payment on the front term under mutual agreement” (hereinafter referred to as the “instant special agreement”).
(2) In addition, the instant real estate was completed on June 15, 2016 by the Seoul Northern District Court Registry No. 50822, which received on June 15, 2016, with the maximum debt amount of KRW 250,000,000 (hereinafter “instant establishment registration”). However, the instant sales contract was concluded to cancel the said registration at the same time as the Plaintiff paid the remainder.
C. By August 21, 2018, the Defendant paid the Plaintiff a down payment of KRW 60 million, and again paid KRW 20 million out of the intermediate payment to the Plaintiff on September 27, 2018.
On October 1, 2018, the Plaintiff notified the Defendant of the cancellation of the instant sales contract on the ground of nonperformance of obligation, against the Defendant’s first payment of part payments, rather than the payment of part payments.
E. On October 31, 2018, the Defendant deposited the Plaintiff as the principal deposit and deposited the remainder intermediate payment of KRW 220 million with the Seoul Northern District Court on the ground of the Plaintiff’s refusal of receipt. On November 20, 2019, the first instance court, which was following the pronouncement of the first instance judgment, deposited the remainder KRW 380,000,000 calculated by deducting the maximum debt amount of KRW 253,00,000 from the remainder of KRW 3.8 billion in accordance with the purport of the first instance judgment, with the Seoul Northern District Court.
F. The Plaintiff’s instant case on August 13, 2019.