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Reasons
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(영문) 서울중앙지방법원 2015.04.15 2014가합532717
채무부존재확인
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1. The Plaintiffs’ respective real estate stated in the separate list against the Defendants under the sales contract dated November 13, 2013.

Reasons

1. Basic facts

A. The execution of the instant sales contract 1) Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

Of 1.

2. For each real property described, the Plaintiff C,

3. For the real estate described above, the plaintiff B;

4. The registered real estate is owned by the Plaintiff A.

2) On November 13, 2013, the Plaintiffs sold each of the instant real estate in KRW 1,250,200,000 for the purchase price, and among them, KRW 120,00,000 per contract shall be divided into KRW 100,000 per day and KRW 20,000 per November 18, 2013; and the remainder 1,130,200,000 shall be paid on January 27, 2014 (hereinafter “instant sales contract”).

B. B. B. The Defendants did not pay the remainder on January 27, 2014, which is the remainder payment date of the instant sales contract.

Accordingly, on January 28, 2014, the Plaintiffs sent a peremptory notice to the Defendants that the instant sales contract will be rescinded on the grounds of the Defendants’ nonperformance of the obligation to pay the remainder, but thereafter, the outstanding payment date of the instant sales contract was postponed on February 12, 2014 at the request of the Defendants.

(2) However, the Defendants did not pay any balance by February 12, 2014. On February 13, 2014, the Plaintiffs sent a peremptory notice to the Defendants that the instant sales contract would be rescinded on the ground of the Defendants’ nonperformance of the obligation to pay the balance. The Plaintiffs thereafter, on February 17, 2014, extended the payment date of the instant sales contract on February 28, 2014 at the request of the Defendants, with the extension of the payment date for the remainder of the instant sales contract as of February 28, 2014 (hereinafter “the second remainder payment date”).

(3) The Defendants’ representative Defendant D’s representative confirmation note of the following contents (hereinafter “instant confirmation note”).

was drawn up.

Defendant D had concluded a sales contract on November 13, 2013, each of the instant real estate.

Since then, the remaining payment date was January 27, 204, but the buyer was the buyer.

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