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(영문) 울산지방법원 2018.10.25 2017나25864
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 7, 2016, the Plaintiff (the Plaintiff had recently been changed to the current name, along with the acquisition of Norway’s nationality on August 7, 2015) concluded a sales contract with the Defendant to sell and purchase the instant real estate KRW 160 million, which was owned by the Plaintiff between the Defendant and the Defendant, on the basis of the broker G, via the brokerage of the broker G, and KRW 160 million, and the down payment of KRW 16 million was paid on the date of the contract, and the remainder of KRW 144 million was paid on the date of the contract, and the remainder of KRW 144 million was paid on December 28, 2016. Accordingly, the Defendant paid the Plaintiff the down payment of KRW 16 million on the day of the contract.

B. On November 8, 2016, the Plaintiff entered into a sales contract with the Defendant to sell and purchase the instant 2 real estate owned by the Plaintiff through the brokerage of G, a broker, with the purchase price of KRW 170 million; the down payment of KRW 17 million on the date of the contract; the remainder of KRW 153,00,000 on the date of the contract; and the remainder of KRW 153,000 on December 28, 2016; and accordingly, the Defendant paid the Plaintiff the down payment of KRW 17,00,000 on the date of the contract.

C. However, the Defendant failed to pay the remainder to the Plaintiff by December 28, 2016, which is the remainder payment date stipulated in each of the above sales contracts (hereinafter “instant sales contract”).

After that, the Plaintiff sold the instant real estate to F on January 20, 2017, and completed the registration of ownership transfer on February 8, 2017. After selling the instant real estate to D and E on February 15, 2017, the Plaintiff completed the registration of ownership transfer for 1/2 shares among the instant real estate No. 1 on February 22, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purpose of the whole pleading

2. Determination as to the claim on the principal lawsuit

A. After the conclusion of each of the instant sales contracts, the Defendant, via an individual G, expressed his/her intent to refuse to pay the remainder to the Plaintiff by December 28, 2016, which is the remainder payment date stipulated in the instant contract, through G, and the Plaintiff via G.

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