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(영문) 춘천지방법원 2018.01.25 2017가단51279
채무부존재확인
Text

1. The contract deposit between the Plaintiff and the Defendant under the real estate sales contract as of June 17, 2014 is the down payment against the Defendant.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in light of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 5, Gap evidence No. 6, Eul evidence No. 7, Eul evidence No. 1, Eul evidence No. 2, and the whole purport of the pleadings No. 2, and there is no counter-proof.

On June 17, 2014, the Plaintiff prepared a real estate sale contract with the Defendant with regard to the land size of 37190 square meters in Yangyang-gu, Yangwon-gun B forest owned by the Plaintiff (hereinafter “instant forest”) as follows:

(hereinafter “instant contract 1”). (1) Sales amount of KRW 202,482,00 shall be paid KRW 30,000 as sales contract amount. (2) Sales contract amount of KRW 202,482,00 shall be paid.

3) When the Plaintiff did not obtain development activities (such as mountain development, housing site development, and clearing, etc.) in the instant forest, the Plaintiff shall immediately return the down payment to the Defendant. 4) The Plaintiff shall claim development activities in the instant forest under the name of the owner of the instant forest, but the duties of the vicarious administrative agency for development activities shall be delegated to the Defendant, and the owner shall actively cooperate in all matters necessary

B. The Defendant filed an administrative appeal with the administrative appeals commission, but dismissed. The Defendant filed an administrative appeal against the administrative appeals commission.

C. On December 8, 2014, the Plaintiff sent to the Defendant a certificate of content that if the remainder is not paid by January 30, 2015, the Plaintiff would terminate the contract and deposit the down payment of KRW 30,000,000. The above certificate of content reached the Defendant around that time.

On February 23, 2015, the Plaintiff drafted a sales contract and a written agreement on development activities (hereinafter “instant contract”) with respect to the instant forest with the Defendant as follows.

1) The remainder of down payment of KRW 202,482,00 (2) down payment of KRW 30,000,000) KRW 172,482,00 (4) the Defendant shall pay the down payment to the Plaintiff on the day of the contract, and the remainder shall be paid on December 30, 2015.

5. The plaintiff.

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