(가)계약금 반환 청구의 소
1. The Defendant’s KRW 30,000,000 as well as the annual rate of KRW 5% from September 15, 2015 to November 9, 2015 to the Plaintiff.
1. Basic facts
A. On September 14, 2015, between the Defendant and the Defendant, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 5428 square meters of a warehouse site for two parcels, including Seopo-si, Seopo-si, the Defendant, and KRW 1071.06 square meters of the above ground storage facilities (hereinafter “instant real estate”), and the specific terms and conditions of the sale are to determine at the time of entering into the instant contract, and the Plaintiff paid KRW 30 million to the Defendant on the day of the instant contract.
At the time of the instant purchase and sale contract, three provisional attachment registrations were made for the instant real estate, including KRW 11,120,055, the claimed amount of the Jeju Livestock Cooperatives, KRW 67,820,834, and KRW 50,000,00,000, which was completed on August 5, 2015, and the claimed amount of KRW 57,820,834, and the claimed amount of KRW 50,000,000, which was completed on August 20, 2015, and the establishment registration of a neighboring mortgage establishment made on June 29, 2015.
On July 17, 2015, the registration of provisional seizure of Jeju Livestock Cooperatives was cancelled on September 21, 2015.
B. On September 21, 2015, prior to the conclusion of the contract with the Defendant, the Plaintiff filed for the provisional attachment registration of KRW 100,982,394 with Jeju District Court 2015Kadan1563 on the same day as to the instant real estate, and the creditor’s provisional attachment registration of the Small and Medium Business Corporation. The Defendant filed for the provisional attachment registration of KRW 51,000,000 with the Jeju Credit Guarantee Foundation on October 5, 2015, and notified the cancellation of the instant contract on the ground of nonperformance by the Defendant on October 12, 2012.
C. The Plaintiff and the Defendant did not conclude a principal contract based on the instant contract, and the Defendant completed the registration of ownership transfer on the instant real estate on October 10, 2015 with F on the grounds of sale on October 29, 2015.
[Grounds for recognition] There is no dispute, including Gap 1-5 evidence numbers, and below.