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(영문) 광주지방법원순천지원 2019.11.28 2018가합11368
채무부존재확인
Text

1. In the commercial zone of the F apartment complex within the E Free Economic Zone:

A. As to Gdong H, July 2016 between the Plaintiff and I.

Reasons

Basic Facts

1) The Plaintiff is a company that operates housing construction and sales business, and the Plaintiff is a company that operates the business of housing construction and sales in the E Free Economic Zone Gdong in the F apartment complex (hereinafter “instant commercial building”).

2) On July 26, 2016, the Plaintiff: (a) submitted to the Plaintiff an application for participation in the instant commercial building H, and (b) submitted an application for participation in the bid, stating the bid amount of KRW 440 million; and (c) K submitted an application for participation in each of the instant commercial building J and L (hereinafter referred to as “each of the instant stores”) and an application for participation in H, J, and L, and each of the bid amounts of KRW 423,90,000,000,000 for Jho Lake and KRW 267,90,000,000 for L.

3) On July 27, 2016, the Plaintiff entered into a commercial building supply agreement with the sales price of KRW 440 million for I and H as to July 27, 2016 (hereinafter “H agreement”).

(A) The sales contract for K and J was entered into, and with respect to the sales amount of KRW 422,390,000,000 and KRW 267,90,000 for L as to the sales amount of KRW 42,90,00 for K and J (hereinafter “J-based contract,” and the term “instant contract” is collectively referred to as the “instant contract.

(1) On September 1, 2016, Defendant D entered into a sales contract with K for sale of the instant commercial building. Defendant C entered into a sales contract with K for sale of the right to sell the instant commercial building, and Defendant C entered into a sales contract with K for sale of the right to sell the instant commercial building on January 16, 2017, and Defendant B entered into a sales contract for the right to sell the instant commercial building with H on January 24, 2018.

2) On the other hand, F apartment (hereinafter “ apartment”) is only referred to as “ apartment.”

) The apartment model was set up in the model house, but the instant commercial part of the apartment model (hereinafter referred to as the “floor model”).

)The shape of the commercial building (which was set up opposite to the location of the main entrance, stairs and heading rooms) which was set up in the design drawing and the commercial sales manual.

In other words, the design drawing and the sales manual of the commercial building, such as the attached data for sale, are commercial buildings on the side of the apartment entrance.

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