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(영문) 서울중앙지방법원 2015.01.29 2014가단113645
채무부존재확인
Text

1. The term of the sales contract concluded on April 11, 2013 between the Plaintiff and the Defendant with respect to the real estate listed in the attached list.

Reasons

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 3, and 5-1, 2, 5-6, 7-1, 2, 8, 9-1, 2, 3, and 13.

On April 11, 2013, the Plaintiff entered into a contract to sell real estate (hereinafter “instant real estate”) listed in the separate sheet owned by the Plaintiff to the Defendant for KRW 600 million (hereinafter “instant contract”). The Defendant agreed to pay to the Plaintiff a down payment of KRW 20 million on the date of the contract, the first intermediate payment of KRW 80 million on May 4, 2013, and the second intermediate payment of KRW 100 million on May 30, 2013, and the remainder of KRW 400 million on September 5, 2013, respectively.

B. The Defendant paid the Plaintiff the down payment of KRW 20 million on the day of the instant sales contract, but the first intermediate and the second intermediate payments were not paid at the due date.

C. Therefore, the Plaintiff and the Defendant, on June 15, 2013, agreed to pay the remainder of KRW 100 million in the first intermediate payment on June 30, 2013, and KRW 200 million in the second intermediate payment on July 30, 2013, and KRW 280 million in the remainder of KRW 200 million on September 5, 2013, but the Defendant did not pay the intermediate payment pursuant to the modified agreement.

On the other hand, on August 20, 2013, the Defendant entered into a contract with C and D (E son) on behalf of the Plaintiff on behalf of the Plaintiff for selling KRW 612 square meters of F forest land 6612 square meters in 280 million in Hanam-si, a part of the instant land, and entered into a contract with G for selling KRW 724 square meters in 30 million in Hanam-si, a part of the instant land, and entered into a contract with I for selling the remainder of F forest land in 170 million in Hanam-si, a part of the instant land.

E. However, the above contract did not grant land transaction permission and the plaintiff did not ratification it. On October 2, 2013, the defendant would rescind the instant contract to the plaintiff on October 2, 2013.

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