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(영문) 울산지방법원 2018.06.07 2017가단68044

추심금

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the costs of appraisal shall be borne by the Defendant, and the remainder shall be the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition are recognized as either a dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4 through 14, Eul evidence No. 1 and the purport of the entire pleadings.

A. On January 14, 2007, C Co., Ltd. (hereinafter “C”) engaged in real estate sales business (hereinafter “C”) promoted a housing construction project in the area of land in Ulsan-gu, Ulsan-gu, Ulsan-gu, and entered into a sales contract with the Defendant on January 14, 2007 as follows (hereinafter “instant sales contract”). On January 15, 2007, it deposited KRW 36,000,000 in the account in the Defendant’s wife’s name as the payment account of the purchase price.

The seller: The seller: the seller of the purchase price: 360,00,000 won (=the balance of 36,00,000 won for down payment) (i.e., 324,00,000 won: the seller of the G bank account in the name of the defendant's wife must immediately provide the purchaser with all documents, such as written consent to use of the site for approval necessary for the buyer's business approval at the time of receiving the down payment and receiving the down payment (Article 2). The seller must provide the buyer with all documents necessary for the transfer of ownership at the time of receiving the remainder payment. (Article 3) If the seller has entered into a contract, he shall pay two times the amount received as the down payment if the buyer entered into the contract, and the down payment will be null and void if the buyer entered into the contract (Article 7). (Article 2) The seller has the effect of entering into the contract at the first date for pleading, but has continued to be proven from the 2nd appraisal date to the effect of the confession (Article 15).