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(영문) 전주지방법원 2018.05.04 2016나3716
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form 1. between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition: Article 1: 20 million won of the purchase price, which was paid at the time of the contract, was paid at the time of the contract, and the balance shall be paid at the rate of KRW 180 million on June 30, 2014.

Article 2: A seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser 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 June 30, 2014.

Article 6:If the seller or 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.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

(1) The area of sale shall be the area of public duty.

(2) The balance of this sales contract shall be paid after the buyer obtains permission for solar power plants (permission for development acts).

(3) A seller shall actively cooperate with all the documents and administrative procedures necessary for a purchaser's business at the same time as a contract and issue documents requested by a purchaser (a certificate of personal seal impression attached thereto).

(5) When the alteration of a right (e.g., collateral security, seizure, provisional seizure, preliminary notice registration, etc.) occurs after a sales contract is made, the contract may be rescinded as a seller's liability for compensation.

(6) The buyer shall dispose of the grave existing on this land and the seller shall actively cooperate.

On May 20, 2014, the Plaintiff indicated in the attached Table 1 stating that he/she sold the amount of KRW 200 million to the Defendant for KRW 45,927 square meters and KRW 1,692 square meters prior to D (hereinafter “instant real estate”).

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