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(영문) 수원지방법원 2017.02.09 2016가합76639
채무부존재확인
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 75,00,000, respectively, to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from July 2, 2016 to February 9, 2017.

Reasons

1. Basic facts

A. On January 21, 2016, the Defendants purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Plaintiff on January 21, 2016, and concluded a sales contract with the Plaintiff on the following terms (hereinafter “instant sales contract”) with the Plaintiff: (a) at the time of entering into the instant sales contract; and (b) set the subject matter of the sale as the total of 1,669 square meters of the total of 3 parcels in Osan-si, D, E, and 494 square meters of buildings listed in the separate sheet 2; (c) on January 8, 2016, which was prior to the conclusion of the instant sales contract, the area of C site listed in the separate sheet 1,464 square meters was divided into Osan-si, and its area was 1,454 square meters of the total area; and (d) according thereto, the actual total area of the subject matter of the instant sales is 1,659 square meters.

On the same day, the Plaintiff paid the down payment of KRW 150 million to the Plaintiff.

The sales price: KRW 150 million in the intermediate payment of KRW 200 million on the date of payment on February 22, 2016, the intermediate payment of KRW 100 million on the date of the contract shall be KRW 100 million in the remainder payment of KRW 260 million on March 22, 2016, and KRW 1.4 billion in the remaining loans, out of the loans that the Plaintiff paid on May 30, 2016, borrowed as collateral each of the instant real estate, the Defendants shall take over the remaining loans of KRW 1.4 billion on May 30, 2016.

The sales contract is the current condition of the special agreement, and the contract becomes null and void when the first class car company refuses to grant permission after confirming the absence of defects as a result of the analysis of the copy of the register of each real estate contract of this case, and the change of use following the contract shall be applied immediately along with the contract,

A seller shall immediately remove a temporary building installed on the ground following the change of use.

B. The Defendants purchased each of the instant real estate in order to operate the first class automobile industry (referring to the “automobile comprehensive maintenance business” under the Automobile Management Act; hereinafter “automobile comprehensive maintenance business”) from each of the instant real estate. However, the Plaintiff purchased the instant real estate.

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