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(영문) 서울중앙지방법원 2018.06.20 2017가합576763

채무부존재확인

Text

1. The period is based on each sales contract concluded on July 16, 2007 with respect to two-thirds of each share of 734 square meters in Namyang-si, Namyang-si.

Reasons

1. Basic facts

A. The Plaintiffs are the persons holding two-thirds of the shares of each of the 734 square meters in Namyang-si, Namyang-si, D, 734 square meters (hereinafter “each of the instant shares”), and the Defendants are companies established to engage in real estate development business, etc.

B. On July 16, 2007, the Plaintiffs entered into each of the instant sales contracts concluded a sales contract, including the following, with regard to each of the instant co-ownership shares with Defendant Ahyn Co., Ltd. (hereinafter “Defendant Ahyn”)

(hereinafter referred to as "each of the instant sales contracts") A sales contract for real estate (Evidence A) shall be concluded between a seller (hereinafter referred to as "A") and a buyer "Defendant A A" (hereinafter referred to as "B") for the purpose of "joint housing construction project" (hereinafter referred to as "the project") on the real estate indicated above, as follows:

Article 1 1 【Sales Price and Time for Payment 】 KRW 35,00,000 for KRW 31,90,000 for KRW 35,00,00 for the payment period of the separate payment amount: 10,000 for KRW 65,000 for the total sum of KRW 1 month from the date of the payment of the down payment (including documents prior to ownership), but 100% for the total sum of KRW 68,00,00 for KRW 10,000 for the total sum of KRW 65,00 for the day of the payment of the down payment (including documents prior to ownership) after the completion of the sales contract for the entire project site area (Article 31,91).

(4) “B” may pay the down payment immediately in relation to the payment time of the down payment under the above paragraph (1), if it is deemed that the contract for the remaining site is not impeded even if 100% of the total area is transferred.

Section 2. 【A’s duty” (1) “A” shall at the same time submit to “B” documents and other documents for proposal for designation of a district unit area.

Article 4 (Cancellation of Contract) (1) "A" shall be as follows: