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(영문) 대구고등법원 2019.06.13 2018나22825
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”). The Defendant is a company running a housing construction project on the ground of each real estate of this case.

B. On November 8, 2013, the Plaintiff sold each of the instant real estate to the Defendant in total at KRW 6 billion, and the down payment amount is KRW 600 million on the day of the said contract and the remainder KRW 5.4 billion on March 31, 2014 agreed to be paid respectively (hereinafter “instant sales contract”) and received down payment from the Defendant on the same day.

C. On September 16, 2013, the Defendant obtained approval for a housing construction project plan with a total of 510 households of the first and twenty stories underground on each of the instant real estate from the Youngcheon City, and obtained a written consent for land use from the Plaintiff pursuant to Article 9 of the instant sales contract, following April 3, 2014, the Defendant obtained approval for the modification of the housing construction project plan with a content that alters the internal plane of unit units and the plane plane of elevator from the Youngcheon City (hereinafter “instant project plan approval”).

After the lapse of March 31, 2014, the payment date of the remainder, the Plaintiff agreed not to receive the remainder from the Defendant. On April 12, 2014, the payment date of the remainder with the Defendant extended on May 31, 2014, and the payment date of the remainder was agreed not to extend the payment period of the remainder, and as such, the Plaintiff received 8.2 million won equivalent to the amount equivalent to the balance for two months, calculated at the rate of 9.8% per annum for the remainder 5.4 billion won (hereinafter “the remainder of this case”), calculated at the rate of 9.8% per annum for the remainder 5.4 billion won from the Defendant (hereinafter “the remainder of this case”).

E. The Defendant did not pay the balance of this case even until May 31, 2014, which is the extended payment deadline. Accordingly, the Plaintiff attached a registration certificate, certificate of seal impression, etc. as part of providing performance to the Defendant around April 20, 2016.

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