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(영문) 수원지방법원 2016.07.19 2015가합62152
채무부존재확인
Text

1. On June 3, 2009, the plaintiffs' obligation under the sales contract for real estate stated in the separate sheet against the defendant was 740.

Reasons

Facts of recognition

A. On June 3, 2008, the Plaintiffs made a pre-sale agreement with the Defendant regarding the Defendant’s share in the real estate listed in the separate sheet as follows.

At that time, with respect to the real estate listed in the separate sheet Nos. 1, 2 (hereinafter referred to as “real estate Nos. 1, 2”), each of the 1/3 shares, 3, 4, 5, and 6 real estate listed in the separate sheet (hereinafter referred to as “the real estate Nos. 3, 4, 5, and 6”), 699/1784 shares, and 7, and 8 real estate listed in the separate sheet (hereinafter referred to as “the real estate No. 7, 8”) were owned by Nonparty E and the above real estate.

Attached Form

The purchase price for the area conducted by auction for the defendant's share of the real estate indicated in the list shall be KRW 600 million.

The remaining area, excluding the area conducted by the above auction, shall be calculated as KRW 3 million per square day, and 500 million per square day shall be determined as KRW 500 million, and if there is any increase or decrease in the area later, the increased or decreased area shall be calculated as KRW 3 million per square day.

The Seoul High Court's decision on September 8, 2005 regarding the claim for partition of co-owned property, No. 2005Na34004, where there is an increase or a decrease in the defendant's shares at the time of partition pursuant to the decision on September 8, 2005, shall be calculated and settled as

The date of completion of the reservation for sale shall be June 3, 2009.

B. On June 3, 2008, the Defendant issued to the Plaintiffs a written consent to the use of land regarding the whole shares of the Defendant among the instant real estate.

C. On November 16, 2010, the Plaintiffs acquired the Defendant’s shares among the instant real estate on the ground of the completion of the pre-sale agreement on June 3, 2009.

On December 16, 2013, the Plaintiffs transferred their shares among the real estate Nos. 2, 4, 5, and 8 of this case to E, and acquired their shares among the real estate Nos. 1, 3, 6, and 7 of this case from E on July 14, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 7, and 8 (the evidence Nos. 1 and 8 shall include each number), the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

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