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(영문) 의정부지방법원 2018.05.18 2017가단115811
채무부존재확인
Text

1. The Plaintiff’s obligation of KRW 130,00,00 based on the construction cost allotment contract between the Plaintiff and the Defendant on April 23, 2008.

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant's non-party deceased C.

B. D owned a share of 236/612 of the F-road 612 square meters (hereinafter “F-owned share of land”) in Dongbcheon-si, E, 873 square meters (hereinafter “E land before division”), and F-road 612 square meters.

C. On April 23, 2008, the Defendant entered into a sales contract with her husband C to purchase the E land and F land shares of KRW 450 million before division with D on April 23, 2008.

The Defendant paid 390 million won in total, including KRW 290 million as down payment and intermediate payment. The remainder of KRW 60 million was to be paid simultaneously with the transfer of the name after the cancellation of designation of land transaction permission zone. D.

The Defendant, through her husband C, concluded a construction contract with a view to constructing the two-story single house (hereinafter “instant house”) on the land before the division between the G building and the E before the division, and the construction work was conducted after the division.

On August 22, 2008, the registration of ownership preservation was completed in the name of D, the owner of the instant building, and the construction cost was calculated as total of KRW 232 million.

E. On August 4, 2010, the land E before subdivision was divided into E large 471 square meters (hereinafter “E land after subdivision”) and H large 402 square meters (hereinafter “H land”).

F. On September 7, 2010, the Plaintiff, and the Defendant drafted a “written confirmation of land ownership” with respect to land E (E, H land after division), F shares in land, and housing of this case prior to the subdivision, and the following are as follows.

1. On April 23, 2008, the said real estate was owned by B under the sales contract between D and B. On August 4, 2010, the said real estate was divided into two lots of land with F-road 236/612 square meters divided into two lots of land in Dongbcheon-si, Gyeonggi-do and F-si, Dongbcheon-si, Gyeonggi-do. The said real estate owned B with the land of 402 square meters in Gyeonggi-do and 118/612 square meters in F-si, Dongbcheon-si, Dongbcheon-si, Gyeonggi-do, and the land of 118/612 square meters in F-si, Gyeonggi-do.

Provided, That the above-ground buildings shall be the buildings.

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