채무부존재확인청구
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 200,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from April 1, 2015 to September 30, 2015.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On May 23, 2014, the Plaintiff purchased “Seoul-gu, Northern-si, Manpo-si, 182.7 square meters” (hereinafter “the instant land”). On the same day, the Plaintiff purchased the instant land under the name of the Plaintiff and completed the registration of ownership transfer. On the same day, the registration of the creation of a superficies with respect to the said land was completed on October 17, 2014, when the registration of the creation of a superficies with respect to the persons holding superficies for the purpose of the creation of a building, “the creation of a mortgage” and the ownership of a building, other structures, or trees owned by the persons holding superficies, and the maximum debt amount of the right to collateral security was changed to KRW 546,00,000.
B. After purchasing the instant land, the Plaintiff started to construct a three-story reinforced concrete building on the ground of the said land (hereinafter “instant building”).
C. On November 2, 2014, the Plaintiff entered into a contract with the Defendant to sell the instant land and the instant building newly constructed at KRW 710,000,000 (hereinafter “instant sales contract”). The specific terms and conditions of the contract are as follows:
(See Attached Form). 50 million won out of the down payment 100 million won shall be transferred by account transfer at the time of the contract, and 50 million won shall be transferred by account transfer on November 3, 2014.
The Plaintiff asserted on November 2, 2014, that on December 17, 2014, the remaining payment was made simultaneously with the delivery of necessary documents, such as the Plaintiff’s transfer of ownership, despite the written contract, on the balance of KRW 190 million that the buyer succeeded in the current status. Thus, the above provision appears to be erroneous.
payment to the Corporation.
Article 2 The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be December 17, 2014.
Article 6 If the seller or the purchaser fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.
b) the Commission;