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(영문) 수원지방법원안산지원 2015.09.10 2014가합6227
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs are 1/2 right holders of the real estate of this case, and the non-party D is the same as the defendant.

D obtained the power of representation to sell the instant real estate from the Defendant, and entered into a sales contract with the Plaintiffs on February 17, 2014 with respect to the instant real estate at the office of Nonparty E, a broker, with the Plaintiffs (hereinafter “instant sales contract”).

[The sales contract of this case] The sales price of KRW 1,872,00,000 shall be paid at the time of the contract, and the intermediate payment of KRW 400,000 shall be paid at the time of the contract, and the intermediate payment of KRW 400,000 shall be paid at March 17, 2014.

Any balance of KRW 1,292,00,000 shall be paid on June 30, 2014.

Matters of special agreement

3. This contract is to deposit part of 40,000,000 won of the down payment into the seller’s account at the time of the contract, and the remainder of the down payment shall be deposited until February 21, 2014.

4. A building permit shall be the key to the change of the name of the project owner, along with the registration of transfer of land at the time of balance;

D On February 17, 2014, it drafted a cash storage certificate (hereinafter “the cash storage certificate of this case”) with the Plaintiffs in its name as follows:

[The Cash Storage Certificate of this case] 483,60,000 won, and the above amounts are received on February 17, 2014, and the above amounts are prepared and signed and sealed in order to ensure the receipt (storage) of the above amounts.

· Reasons for storage: The buyer pays in cash the amount not included in the purchase price under the sale and purchase contract in accordance with the sale and purchase contract of the real estate of this case until the remainder, and the seller shall be deemed to perform the registration document for ownership transfer.

The following shall be the installment payment key:

120,900,000

3. 17./

4. 17./

5. 17./

6. On February 17, 2014, the custodian D sent each of the Plaintiffs KRW 40,000,000 as down payment, and February 21, 2014, KRW 140,000,000 as down payment, respectively.

On March 19, 2014, the Defendant paid KRW 50,000 among intermediate payments to the Plaintiffs on March 19, 2014.

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