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(영문) 울산지방법원 2020.02.05 2018가단24317

계약금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 2, 2017, the Defendant purchased a building of 154.1 square meter and 138.1 square meter (hereinafter “each of the instant lands”) in Ulsan-gu, Ulsan-gu, Ulsan-do, and applied the construction of reinforced concrete structure (refinite), concrete branch, roof, detached housing, and Class I neighborhood living facilities (hereinafter “instant building”) on the said ground to E (hereinafter “Nonindicted Company”).

B. On November 18, 2017, the Plaintiff entered into an agreement with the Defendant to purchase the instant building and each of the instant lands (hereinafter referred to as “instant real estate” by combining the instant building and each of the instant lands, which were almost completed and left with the Defendant (hereinafter referred to as “instant building”) at KRW 1.55 million, and to pay KRW 50 million, out of the down payment which is ten percent of the price (hereinafter “instant sale”), and to pay the remainder of the down payment in an ordinary manner, and to prepare a sales contract (hereinafter “instant agreement”). The Plaintiff paid the Defendant KRW 20 million on November 8, 2017, and KRW 50 million on November 3, 2017, as part of the down payment. < Amended by Act No. 15083, Nov. 11, 2017; Act No. 15090, Nov. 3, 2017>

C. After November 27, 2017, the Plaintiff and the Defendant agreed to reduce the sales price of the instant real estate in KRW 1.5 billion, but did not prepare a sales contract in a regular manner until December 2017.

After that, around January 4, 2018, the Plaintiff purchased from F the fourth apartment house and Class II neighborhood living facilities (hereinafter “the instant separate real estate”) of Ulsan-gu G and its ground steel bars structure slve shelf, and completed the registration of ownership transfer with respect to the instant separate real estate under its own name on the same day after obtaining a loan from H on January 30, 2018, and completed the registration of ownership transfer with respect to the instant separate real estate under its own name on the same day, the Plaintiff completed the registration of creation of a mortgage over KRW 1 billion with the maximum debt amount of the said bank on the same day.

E. After that, the Defendant, together with I on May 2, 2018, shares of 1/2, and each of the instant lands, completed the registration of ownership transfer with respect to each of the instant lands, and the registration of ownership preservation with respect to the instant buildings, I shall be the debtor to J Union on the same day.