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(영문) 서울중앙지방법원 2018.07.23 2017가단5185769
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On May 10, 2005, the Plaintiff A and the Deceased (hereinafter “Plaintiff A et al.”) who are co-owners of one-half shares of the instant real estate entered into a sales contract to sell the said real estate to the Defendant for KRW 1,862,00,000, and received down payment of KRW 170,000,000, intermediate payment of KRW 400,000.

B. The location of the instant real estate was designated as an area subject to land transaction permission, while the payment of the remainder under the said sales contract was delayed.

Accordingly, the defendant introduced the corporation corporation as a purchaser of land transaction permission to the plaintiff A, etc., and the negotiation was commenced for the conclusion of the transaction contract.

On October 1, 2007, the following contracts (hereinafter “instant contract”) were concluded between the Plaintiff, etc. and the Defendant: (a) the Defendant demanded the payment for the good offices and good offices; and (b) the contract entered into between the Plaintiff, etc. and the Defendant:

1. A (Plaintiff A, etc.) and B (Defendant) agree on May 10, 2005 with respect to the instant real estate.

2. A is the repayment of the down payment and intermediate payment, etc. to B, which is calculated by the following methods at the time of the payment of the remainder under a sales contract with the O:

(1) In the event that a sales contract entered into with an attached LO and the actual payment of the balance has been made, the amount equivalent to 22/9 of the total purchase amount less all kinds of excess including capital gains tax, etc. shall be paid.

The down payment and intermediate payment 570 million won shall be separately paid.

(2) In the event that the above amount is paid at the time of payment of the balance with the O, the A shall have the B attend the meeting on the payment date of the balance.

(3) However, if the sales contract with theO is null and void due to the failure to meet the terms and conditions of land transaction permission, etc. or the contract is terminated due to any other cause, the land of the said subject matter shall be sold to a third party under an agreement with A and B, and the sale amount shall be the amount.

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