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(영문) 창원지방법원진주지원 2019.01.30 2017가합11783
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 5,00,000 and its amount from April 26, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Plaintiff A was the owner of the land in Jinju-si, E, 425.8 square meters (hereinafter “instant land”); Plaintiff B was the owner of the above land’s ground building (hereinafter “instant building”); and Plaintiff B was the owner of the instant real estate when collectively referred to as “instant real estate”).

On October 27, 2015, the Plaintiffs concluded the instant first sales contract with the Defendants to sell the instant real estate in a total of KRW 1,850,000,000. The details are as follows.

The intermediate payment payment date: December 19, 2015, and the remainder payment date: Special agreement on February 25, 2016

1.The present contract is a contract under the present facilities, and the certificate of registered matters shall be confirmed, and the contract shall be concluded; 3. Matters not stated in this special contract shall be in accordance with the provisions of the Civil Act and the general practices

4. Contracts for comprehensive transfer of acquisition shall not be considered as defects other than leakage (Provided, That if any, the remainder shall be deemed as the seller's responsibility for six months from the date of the balance).

On January 15, 2016, the Plaintiffs and the Defendants divided the subject matter of the instant first sale contract and the purchaser, and concluded the instant second sale contract with Defendant C to sell the instant building in KRW 80 million, and the Plaintiff B decided to sell the instant building to Defendant D in KRW 970 million, and the specific contents are as follows.

The intermediate payment payment date: February 15, 2016, and the balance payment date: Special agreement on March 10, 2016.

1.The present contract is a contract under the present facilities, and the certificate of registered matters shall be confirmed, and the contract shall be concluded; 3. Matters not stated in this special contract shall be in accordance with the provisions of the Civil Act and the general practices

C. The Defendants paid all balance to the Plaintiffs on March 10, 2016, and completed the registration of ownership transfer on March 11, 2016 with respect to the instant real estate on the grounds of sale as of January 15, 2016.

Defendant D is entitled to enjoy the instant building from the Plaintiffs on September 7, 2016.

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