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(영문) 서울남부지방법원 2018.09.20 2018가합102073
채무부존재확인
Text

1. On August 25, 2016, concluded between the Plaintiff and the Defendants, the separate list is recorded on the basis of the agreement to establish the right to collateral security.

Reasons

1. Facts of recognition;

2.Article 1 of the Terms and Conditions of the Contract (Sales Price and Time of Payment) (1) Seller and Buyer enter into an agreement between the seller and the buyer as follows:

The sum totaling KRW 645,000,000 (Won 645,000,000) of the purchase price shall be paid at the time of the contract and the remainder of the receipt shall be paid in August 17, 2016.

Matters of special agreement

1. It shall be traded in the current state of facilities;

2. The balance of various public charges shall be settled by the seller (on the basis of the balance date); and

3. Other matters shall be governed by the practice of real estate sale.

4. The loan balance is KRW 85,000,000, the maximum debt amount of which is KRW 390,000,000, South-do Agricultural Cooperative, the mortgagee of the right to collateral security, the maximum debt amount of which is KRW 260,00,000, and the remaining agricultural cooperative, the mortgagee of the right to collateral security, entered in the register, but is 85,000,000

On July 4, 2016, the Plaintiff entered into a contract under which each of the 1/2 shares in the real estate listed in the separate sheet (hereinafter “instant real estate”) was sold at KRW 645,00,000 (hereinafter “instant sales contract”) with the Defendants (Evidence 3).

The provisions relating to the instant sales contract relating to the instant case are as follows.

B. On July 4, 2016, the Defendants paid 65,000,000 won to the Plaintiff.

C. On July 13, 2016, as Incheon District Court No. 2016Gahap55253, D filed a lawsuit to the effect that the procedure for the registration of partial establishment of mortgage regarding the instant real estate should be complied with (hereinafter “instant related lawsuit”). D.

The Defendants, on August 17, 2016, delivered KRW 200 million to the Plaintiff as the price based on the instant sales contract, but returned KRW 100 million.

E. On August 17, 2016, the Plaintiff drafted a new contract (No. 1-1, No. 2) similar to the previous sales contract, which was drafted by the Plaintiff.

Article 1 Section A (referring to the plaintiff; hereinafter the same shall apply) of this case to Section B (referring to the defendant; hereinafter the same shall apply).

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