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(영문) 서울중앙지방법원 2015.04.23 2014가합588420
채무부존재확인
Text

1. The term of the sale contract concluded between the Plaintiff and the Defendants on October 28, 2008.

Reasons

1. Basic facts

A. On October 28, 2008, the Plaintiff entered into a sales contract with the Defendants to purchase real estate (hereinafter “instant real estate”) with the amount of KRW 3.5 billion as indicated in the separate sheet (hereinafter “instant sales contract”), and the down payment of KRW 1.1 billion shall be paid at the time of the contract, and the remainder of KRW 2.4 billion shall be paid at November 4, 2008, and among them, KRW 700 million shall be paid at the time of the contract, and the remainder of KRW 1.7 billion shall be offset against the Plaintiff’s loan claims against the Defendants.

B. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendants determined that they bear the obligation to refund the lease deposit amount of KRW 350 million against the lessee of the instant real estate. However, the Plaintiff and the Defendants agreed to change the Defendants’ loan obligations of KRW 300 million out of KRW 700 million to the Plaintiff’s acceptance.

(hereinafter “instant amendment agreement”). C.

The Plaintiff paid down payment of KRW 1.1 billion to the Defendants on the date of the conclusion of the instant sales contract. Of the remainder, the amount of KRW 1.7 billion was offset by the Plaintiff’s loan claims against the Defendants. The Plaintiff succeeded to the obligation of KRW 350 million and KRW 300 million of the lease deposit of the instant real estate. The amount of the lease deposit’s succession to the obligation is calculated as KRW 400 million in consideration of the tax and public charges, etc. that may arise at the time of succession to the lease deposit, and the total amount of the lease deposit was maintained as KRW 3.5 billion (1 billion of the contract deposit + KRW 1.7 billion of the offset amount of the loan claim + the amount of the offset claim + the amount of KRW 4.7 billion of the succession to the obligation to return the lease deposit +

Accordingly, the Plaintiff fully performed the obligation to pay the purchase price of KRW 3.5 billion according to the instant sales contract and the instant amendment agreement.

E. Meanwhile, the director of the final tax office is 3.85 billion won, adding the lease deposit amount of KRW 3.5 billion to the lease deposit of KRW 3.5 billion.

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