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(영문) 의정부지방법원고양지원 2015.07.10 2014가합51084
채무부존재확인
Text

1. The payment obligation arising from resale of C Forest land 39,009m2 at the time of selling the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff).

Reasons

B. On December 12, 2013, the Plaintiff sold the instant forest land to Nonparty G for KRW 380 million. On January 6, 2013, the Plaintiff completed the registration of ownership transfer in the name of G as to the instant forest land on the same day.

The contract on the sales contract of this case exists in two chapters. Among the sales proceeds, the contract on the sales contract of this case contains KRW 590 million in the amount of one of the sales proceeds, and KRW 413 million in the amount of other Chapters (Evidence 2) (Evidence 1).

E. The Plaintiff, through D, paid to the Defendant a sum of KRW 212,675,00,00 (= KRW 180,000,000 KRW 170,000,000, KRW 170,000 as follows, among the acquisition costs, such as the purchase price of the instant forest under the instant sales contract (hereinafter “the purchase price”), as follows:

* The down payment of the instant sales contract * KRW 20 million * The balance of KRW 180,000,000 that the Defendant received on behalf of the Defendant out of the sales proceeds of D related to H, I, and J * The interest of KRW 1.7 million * the above KRW 85,50,0000 * the balance of the custody account of KRW 850,000,0000 * the above KRW 419,570 excluding the loan interest (the original KRW 419,571 or less than KRW 10) * D transferred to the Defendant’s account on May 9, 2005 10,55,430 won that D transferred to the Defendant’s account on May 9, 2005

F. On May 10, 2005, the Plaintiff created the right to collateral security and superficies, which is the debtor, the debtor, the non-party to the right to collateral security, and the non-party to the right to collateral security, with respect to the forest of this case, and paid to the Defendant the amount of KRW 75 million, which is the share of the Defendant (the appraisal cost to be borne by the Defendant, shall be deducted) from the non-party to the non-party to the right to collateral security and superficies. On January 6, 2014, the Plaintiff paid all the above loans to the Defendant. After cancelling the right to collateral security and superficies, the Plaintiff completed the registration of ownership transfer with respect to the forest of this case to G.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8 through 10, and Eul evidence No. 1 shall include each number.

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