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(영문) 부산지방법원 2017.08.08 2016가단341299
채무부존재확인
Text

1. The lawsuit against the defendant D shall be dismissed;

2. Attached Form C concluded on June 29, 2016 between the Plaintiff, Defendant B, and C.

Reasons

Basic Facts

The Plaintiff is the owner of each real estate listed in the separate sheet, and Defendant C is the inside director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and Defendant D is the person who invested in Defendant C.

On May 25, 2016, the Plaintiff borrowed KRW 250,000,00 from the Busan East-dong Credit Union (hereinafter “ Busan-dong Credit Union”). On May 25, 2016, the Busan-dong Credit Union completed the registration of the establishment of a neighboring mortgage, which is a maximum debt amount of KRW 325,00,000,000, the debtor, the debtor, the mortgagee, and the Busan-dong Credit Union.

(hereinafter “instant collateral security”). The instant sales contract

1. Part (332.75 square meters) of a size of 1,100 square meters (332.75 square meters) in which the indication of real estate is located, Busan Young-do E, and F 2 lots (290 square meters shall be sold);

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The purchase price shall be 600,000,000 won.

Contract deposit shall be paid 50,000,000 won on July 5, 2016.

An intermediate payment of KRW 250,00,000 shall be succeeded to August 5, 2016.

Any balance shall be settled in lieu of KRW 300,000,000.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedure, and the delivery date of such real estate shall be July 5, 20

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a buyer has defaulted on any of the terms and conditions of this contract, the other party may notify in writing the person who has defaulted, and rescind the contract.

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

(2) A seller shall submit a written consent to the use of land related to real estate at the same time as a sales contract is concluded.

(3)

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