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(영문) 대전지방법원천안지원 2014.05.23 2013가합101350

채무부존재확인

Text

1. The plaintiffs' remaining debts arising from the sales contract for real estate listed in the separate sheet against the defendant are 167,498.

Reasons

1. Facts of recognition;

A. On May 12, 201, the Plaintiffs entered into a contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 952,490,00 (including value-added tax) (hereinafter “instant contract”) and to supply the instant real estate to the Defendant for the supply of KRW 59,220,00 (including value-added tax) price for the instant contract. According to the instant contract for sale and the instant contract for supply, the Plaintiffs shall pay the remainder of the contract deposit to the Defendant for the sales contract at KRW 73,00,00 on the date of the instant contract, the remainder of the contract to pay the down payment at KRW 70,000,000 to the Defendant. < Amended by Presidential Decree No. 17034, Oct. 12, 2011; Presidential Decree No. 17034, Oct. 10, 200; Presidential Decree No. 17095, Mar. 13, 2001>

B. At the time of entering into the instant sales contract, the Plaintiffs entered into a special agreement on the guarantee of premium guarantee (hereinafter “the instant special agreement on the guarantee of premium”) with the Defendant to refund the difference within the limit of KRW 50,000,000 when the increased amount of the real estate price does not exceed KRW 50,000 after two years after the date of entering into the instant sales contract, and ② the Defendant entered into the sales contract on the terms more favorable than the terms and conditions of the instant sales contract on the same real estate as the instant real estate (i.e., the instant real estate and the fourth floor) within two years from the date of the instant sales contract (hereinafter “the instant special agreement on the guarantee of contract terms”).

C. At the time of conclusion of the instant sales contract, the Defendant provided the Plaintiffs with interest calculated at a rate of 4.3% per annum on the money equivalent to 60% of the sales price of the instant real estate for 2 years x KRW 49,148,480 among the sales price of the instant real estate x KRW 952,490,000 among the sales price of the instant real estate x