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(영문) 대구지방법원 2018.06.07 2016가합206844
채무부존재확인
Text

1. The sales contract was terminated on November 8, 2013 with respect to each real estate listed in the separate sheet between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. On November 8, 2013, the Plaintiff and the Defendant wishing to purchase the site for the construction project of multi-family housing, sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant in total at least KRW 6 billion. However, the down payment amounting to KRW 600 million on the date of the said contract and the remainder KRW 5.4 billion on March 31, 2014 agreed to receive each of the aforementioned payments (hereinafter “the instant sales contract”) and received KRW 600 million down payment from the Defendant on the same day.

B. After the lapse of March 31, 2014, the payment date of the remainder, the Plaintiff did not receive the remainder from the Defendant. On April 12, 2014, the payment date of the remainder with the Defendant extended on May 31, 2014, and agreed not to extend the payment date of the remainder. In return for the delay of the payment date of the remainder for two months, the Plaintiff received 88.2 million won equivalent to the amount equivalent to the remainder for two months calculated at the rate of 9.8% per annum for the remainder amount of 5.8 billion won (hereinafter “the remainder of this case”) calculated on the basis of the delay of the payment date of the remainder for two months.

C. However, the Defendant did not pay the balance of this case even until May 31, 2014, which is the extended payment deadline, and on April 20, 2016, the Plaintiff notified the Defendant to pay the balance within 10 days from the date the Defendant received the notice, along with the registration certificate and the certificate of personal seal impression as to each of the instant real estate, and sent a notice stating that the sales contract of this case was cancelled without a separate notice of cancellation, but was returned three times due to the Defendant’s absence of closure.

Accordingly, the Plaintiff applied to the Daegu District Court on June 2016 for the service of the notice to the Defendant. On August 31, 2016, the Daegu District Court rendered a decision ordering service by public notice of the said notice.

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