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(영문) 수원지방법원 2020.07.14 2020가단510115
채무부존재확인
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is listed in the annexed sheet.

Reasons

1. Basic facts

A. On March 23, 2017, the Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant apartment”) from E, and completed the registration of ownership transfer on June 20, 2017.

B. On May 22, 2018, the Plaintiffs leased the instant apartment to F with a deposit of KRW 280 million, term of lease from August 31, 2018 to December 1, 2020 (hereinafter “previous lease”).

C. On January 10, 2020, the Plaintiffs leased the instant apartment to G with a deposit of KRW 290 million (a contract deposit of KRW 290 million shall be paid and received at the time of the contract, and the balance of KRW 261 million shall be paid as of April 10, 2020) and from April 10, 2020 to April 9, 2022 (hereinafter “new lease”).

Paragraph 3 of Article 3 of the Special Terms and Conditions of a new lease agreement stipulates, "The lessee and the lessee may adjust the balance date under mutual agreement."

On January 13, 2020, under the brokerage of Licensed Real Estate Agent H, the Plaintiffs sold the instant apartment to the Defendants (hereinafter “instant sales contract”) at the purchase price of KRW 430 million (the purchase price of KRW 43 million was paid and received at the time of the contract, and the balance of KRW 387 million was paid and paid at April 10, 2020).

The main contents of the instant sales contract are as follows.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the transfer registration of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be April 10, 2020.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

[Matters of special agreement] - The remainder date shall be set according to the balance date of a new lessee (hereinafter “special agreement”) - The remainder amount of the lease deposit amount of KRW 290 million out of the remainder amount and KRW 97 million.

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