추심금
1. Of the instant lawsuit, the part demanding the payment of KRW 1,960,273 and damages for delay shall be dismissed.
2...
1. The following facts may be acknowledged in full view of the evidence as set forth in subparagraphs A and 5 of this Article and the purport of the entire pleadings.
On November 16, 2006, Ulsan-gu E-gu, Ulsan-gu (hereinafter “instant real estate”) entered into a sales contract (hereinafter “instant sales contract”) with the network D containing the following contents as to the real estate size of 153 square meters (hereinafter “instant real estate”) and deposit KRW 38,000,000 on the network D’s account until January 16, 2007.
The seller: the net D and the buyer: 380,000,000 won (the remainder of KRW 38,000,000) shall provide the buyer with all the documents necessary for the transfer of ownership at the same time as the balance is received, and if the seller has entered into a contract, he shall order the real estate in this case to be issued to the buyer, he shall pay twice the amount received as the down payment, and if the buyer has entered into a contract, the down payment shall be null and void and the down payment shall be reverted to the seller's account (Article 7). This contract shall take effect simultaneously with the fact that the down payment is deposited in the seller's account (Article 3).
B. The network D died on October 2, 2008, and the Defendant inherited the instant real estate by agreement and division and completed the registration of ownership transfer on October 28, 2008.
C. The Defendant donated the instant real estate to F on October 4, 2013, and completed the registration of ownership transfer on October 10, 2013.
The Plaintiff: (a) on June 1, 2017, the Ulsan District Court 2017 tea395 Loan, etc.; (b) on the part of the Plaintiff: (c) on the part of the Defendant, pursuant to the rescission of the instant sales contract (it is impossible to perform by means of donation from October 4, 2013 after the inheritance by agreement division); (d) on the part of the sum of the down payment and the penalty to be paid by the Defendant, pursuant to the rescission of the instant sales contract (it is impossible to perform by means of donation from October 4, 2013); and (e) on the part of the sum of the down payment and the penalty to be paid by the Defendant, KRW 53,000,000 among the total sum of the down payment