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(영문) 대구지방법원 2017.02.03 2016가단120554
채무부존재확인
Text

1. On July 1, 2005, the Plaintiff and Defendant Incorporated Team Workdi, each of the real estate listed in the separate sheet between the Plaintiff and Defendant Incorporated.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendants are a stock company established for the purpose of construction business related to real estate, development business related to real estate, etc.

B. (1) On July 1, 2005, the Plaintiff concluded a sales contract for the instant real estate with Defendant Team Work DNA (hereinafter “Defendant Team Work DNA”) as follows (hereinafter “instant sales contract”).

The purchase price: The payment method, down payment, and intermediate payment of KRW 700,000: KRW 70,000,000; any balance within 24 hours after a lump sum contract is concluded: 630,000,000; and the cancellation and termination of the contract for payment (within 30 days after the approval of the project) made on April 30, 2006 if the purchaser fails to perform the buyer’s obligations under this contract, the seller may terminate this contract against the buyer; in this case, the sales contract amount shall be deemed to be reverted to the seller.

Where the contract deposit is not paid on the date of the promise, the down payment shall revert to the contract deposit.

(2) On July 31, 2005, Defendant Team Work DNA paid the down payment to the Plaintiff on the same day, and the remainder was paid by December 31, 2005, and the Plaintiff paid the down payment KRW 70,000,000 to the Plaintiff around October 24, 2005.

(3) The Plaintiff concluded a sales contract to purchase the housing located in Daegu-gu Seoul-gu for the purpose of relocation with a written consent to the use of land and a certificate of personal seal for applying for the approval of the business with Defendant Team Work DNA, and paid the seller the down payment of KRW 40 million.

(4) However, Defendant Team Workd did not pay any balance until December 31, 2005, which is the remainder payment date, and the Plaintiff urged the payment of the remainder, and the remainder shall be paid to the Plaintiff not later than May 10, 2006, as the Plaintiff demanded the payment of the remainder on April 3, 2006.

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