계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 30, 2008, the Defendant entered into a contract with the Plaintiff to purchase KRW 2.2 billion a parcel of land D (hereinafter “instant real estate”) outside of KRW 3,445 square meters in Jeju-gun, Jeju-do, Jeju-do, and one lot of land (hereinafter “instant real estate”).
(hereinafter “instant contract”). (b)
With respect to the payment method of the purchase price under the contract of this case, the Plaintiff and the Defendant agreed to pay the down payment of KRW 150 million on the date of the contract, and the intermediate payment of KRW 1.25 billion on June 10, 2008, out of the intermediate payment of KRW 1.250 million, until June 10, 2008, and the remainder of KRW 1.1550 million succeeded to the Defendant’s obligation to Jeju Bank and E (the Jeju Bank, KRW 1.1 billion, Jeju Bank, KRW 1.550 million, and the remainder of KRW 80 million, by July 31, 2008.
C. Meanwhile, at the time of the conclusion of the instant contract, the real estate of this case was registered with the Jeju District Court No. 5952, which was received on July 26, 2007, as the claim amounting to KRW 113,000,000,000 for the Overseas Exchange Bank of Korea (hereinafter “Provisional Attachment No. 7”), and as the claim amounting to KRW 23,000,000,000 for the provisional attachment registration of F as of March 7, 2008 at the same court No. 16763, which was received on March 7, 2008.
The Plaintiff and the Defendant agreed to terminate a provisional attachment No. 10, which was set up on the instant real estate, as part of the down payment received, and to terminate a part of the provisional attachment No. 7.
(hereinafter “instant special agreement”). D.
On April 30, 2008, the day of the contract under the contract of this case, the plaintiff paid the down payment of KRW 150 million to the defendant on April 30, 2008. The defendant is the down payment.
5. The provisional attachment No. 10 of this case was cancelled, and the provisional attachment No. 7 of this case was paid KRW 20 million to the Korea Exchange Bank, Inc., the person holding the provisional attachment of this case No. 7 of this case, but the cancellation of the provisional attachment No. 7 of this case was not made.
E. The defendant is against the plaintiff on June 17, 2008.