채무부존재확인 등
1. As to each real estate listed in the separate sheet dated February 6, 2015 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
1. Basic facts
A. On February 2015, the Plaintiff sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between the Defendant and the purchase price of KRW 1 billion. The Plaintiff agreed to receive KRW 500 million on the day of the preparation of the sales contract and enter the purchase price in KRW 500 million on the sales contract.
(hereinafter “instant sales contract”). B.
According to the instant sales contract, on February 11, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant that KRW 500,000,000 for each of the instant real estate, and KRW 50,000 for the down payment of KRW 20,000 for the intermediate payment of KRW 20,000 for the intermediate payment of KRW 11, 2015, and KRW 430,000 for the remainder payment of KRW 430,000 for each of the instant real estate within two years from the date of the contract. On that day, the Plaintiff received cash payment from the Defendant on the same day.
C. The Plaintiff and the Defendant determined that “The remaining payment period shall be within two years from the date of the contract, and the balance shall be paid at the request of the buyer, and transfer ownership shall be made. The seller shall pay the buyer a written consent to land use at the time of the contract for the sale of real estate. However, all ground objects existing on the above real estate shall be included in the sale list of land for factory where no superficies is established. Where the remaining payment period is within two years from the date of the contract, interest rate of 4.5% per annum per annum shall be deducted from the balance of the payment period.”
According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 50,000,000, intermediate payment of KRW 20,000,000,000. On February 12, 2015, the Defendant completed the registration of the right to claim ownership transfer on the ground of the instant contract’s instant 1 or 3 real estate pursuant to Article 4601, which was received by the Daegu District Court.
E. Since then, the Defendant entered into an agreement with KRW 430,000,000 under the instant sales contract until February 11, 2015, which is the agreed date.