채무부존재확인
1. Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordered to pay.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the lower court’s reasoning is as follows, and the part of “1. Basic Facts” in the first instance judgment is the same, except for the addition of “A” No. 14 to the grounds for recognition as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“B. On the other hand, on October 17, 2012, the Plaintiff paid the Defendant the down payment of KRW 30 million on December 30, 2012, in addition to paying the down payment of KRW 30 million to the Defendant on the date of the first sale contract. The Plaintiff paid KRW 2 million on December 30, 2012 to the Plaintiff’s Intervenor as part of the purchase price, and the Plaintiff’s Intervenor paid KRW 18 million on December 30, 2013, KRW 80 million on April 25, 2014, KRW 260 million on June 26, 2014, KRW 10 million on August 26, 2015, KRW 128 million on December 31, 2015, and KRW 28 million on the purchase price.”
2. The reasoning for this part of the judgment on the claim of the principal lawsuit is as stated in the judgment of the court of first instance “the judgment on the plaintiff’s claim of the principal lawsuit”. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
3. Determination on a counterclaim
A. According to the purport of Gap evidence Nos. 2 and 8 as to the grounds for the determination of the remaining claim KRW 130 million and the entire pleadings, the defendant entered into a secondary sales contract with the Plaintiff around October 17, 2012 as of the date of the sales contract, and selling the instant real estate with the purchase price of KRW 2.5 billion as the down payment on October 17, 2012, and the remainder KRW 2.47 billion as of February 28, 2014. The plaintiff agreed to pay the remainder of KRW 4 million to the Plaintiff on June 3, 2015, to deduct the remainder from the remainder of the lease deposit to be returned to the lessee of the instant building, and to pay KRW 2.36 million to the Plaintiff for the registration of ownership transfer on June 3, 2015, and paid the remainder of KRW 2.3 million by directly paying the lease deposit to the lessee of the instant building to the Plaintiff on June 3, 2015.