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(영문) 수원지방법원 2019.06.12 2018가단510778
채무부존재확인 등
Text

1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 200,000,000 to the Defendant (Counterclaim Plaintiff) from May 1, 2018 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 16, 2017, the Plaintiff sold 1356 square meters prior to C, 482 square meters prior to D, 11 square meters prior to E, 126 square meters prior to F, and 9 square meters prior to G (hereinafter “instant real estate”) to the Defendant (hereinafter “instant contract”), and the main contents of the said contract are as follows.

Sales proceeds: 1 billion won and down payment KRW 100 million shall be paid at the time of a contract, and the remainder KRW 900 million shall be paid in February 28, 2018.

The date of delivery of real estate: February 28, 2018; the seller shall deliver all documents necessary for the registration of transfer of ownership to the purchaser simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure.

Where a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may terminate the contract by peremptory notice in writing to the person who has defaulted.

In addition, the parties to the contract may respectively claim damages from the rescission of the contract to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages (hereinafter referred to as the “instant damage compensation agreement”). The seller of the special terms and conditions shall cancel the limitation on the exercise of ownership, such as the right to collateral security (the maximum amount of claims KRW 637,00,000, the obligor, the Plaintiff, and the H Association) and superficies (H Association) on

The balance date may be advanced through mutual consultation.

The license expires shall be extended by the seller's responsibility.

The creation of a collateral security for KRW 100 million shall be decided.

Licensed real estate agents confirmed, explained, and explained all details of development activities and permission to the buyer.

B. At the time of the instant contract, the Defendant paid the Plaintiff the down payment of KRW 100 million, and among the instant real property, the Defendant paid the down payment of KRW 1356 square meters prior to Ansan-si, Gyeonggi-do, the maximum debt amount of KRW 100 million in the future, and the registration of the establishment of a neighboring mortgage to

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