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(영문) 서울중앙지방법원 2015.05.29 2014가합533888
채무부존재확인
Text

1. As to the land indicated in the attached list, the plaintiff's sales contract against the defendant on November 12, 2006 is based on the contract.

Reasons

1. Facts of recognition;

A. On November 22, 2006, the Plaintiff: (a) sold KRW 300,000,000 as down payment on the date of the contract, intermediate payment of KRW 300,000,000 on November 30, 2006, to the Defendant for sale of the land listed in the attached list owned by the Plaintiff (hereinafter “instant land”) and three hot spring sections on the land above the Plaintiff’s ownership at KRW 3,00,000; (b) received KRW 2,40,000,000 from the date of the contract, after the Defendant obtained relevant authorization; and (c) terminated the mortgage established on the date of the remainder payment; and (d) further, upon receiving the down payment and intermediate payment from the Defendant, the Plaintiff agreed to provide the Defendant with a written consent to land use and documents necessary for exercising his rights, such as application for designation of a hot spring district development district, application for housing site development, application for building permit, and written consent to the use of hot spring hole, etc.

(hereinafter “instant sales contract”). B.

From the conclusion of the instant sales contract to February 28, 2008, the Defendant paid to the Plaintiff totaling KRW 600,000,000 among the down payment and the intermediate payment, and KRW 34,00,000 among the remainder, as the purchase price, KRW 634,00,000 among the remainder.

On the other hand, on September 16, 2003, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 170,000,000 to the National Agricultural Cooperative Federation with respect to each other's land except the land specified in the separate sheet Nos. 15 and 28 among the land in this case.

The amount of secured debt of the above-mortgage is KRW 95,00,000.

C. The Plaintiff was designated as a hot spring source protection district with respect to the instant land on March 3, 2003.

After the conclusion of the instant sales contract, the Defendant filed an application for modification of an urban management plan to establish a hot spring development plan in the name of the permanent resident market, and was designated as a Class II district unit planning zone for the formulation of a hot spring development plan with respect to the portion of 25,221 square meters of the instant land under the name of the Plaintiff from the permanent resident market on September 19, 208.

The plaintiff is the defendant.

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