추심금
1. The Defendant shall pay to the Plaintiff KRW 15,00,000 and the interest rate of KRW 15% per annum from February 24, 2017 to the day of complete payment.
1. The following facts may be acknowledged in light of evidence Nos. 1 to 14, and evidence Nos. 1 and 2 as a whole of the pleadings.
Real estate sales business, etc. shall be registered in lieu of a corporation (hereinafter referred to as "large title").
The Corporation shall carry out the housing construction project (hereinafter referred to as the "instant project") in the area of the land of Jung-gu, Ulsan-gu, Ulsan-gu.
B In promoting B, on April 3, 2006, between the Defendant and Ulsan-gu D Building 201 (hereinafter “instant real estate”).
The sales contract which contains the following terms as to this case (hereinafter “instant sales contract”).
B. On April 20, 2006, the Defendant paid the down payment of KRW 15,00,000 to the Defendant.
A seller: The defendant and the buyer: 150,000,000 won (a contract deposit of KRW 15,00,000 shall be paid up to April 20, 2006, and the balance of KRW 135,00,000 shall be paid within 10 days after approval of the business of this case) shall be paid to the buyer two times the amount received as the down payment if the seller has entered into a contract, and if the buyer has entered into a contract, the down payment shall be null and void and the down payment shall be attributed to the seller (Article 7).
The Defendant sold the instant real estate to E on July 21, 201 and completed the registration of ownership transfer on August 11, 201.
C. On January 5, 2017, the Plaintiff’s payment order for the instant case, such as the contract deposit, etc., the Ulsan District Court 2016 tea 2181 (hereinafter “instant payment order”).
As a claim for execution of the claim based on the foregoing, a substitute title is the debtor, and the defendant is the garnishee, and as to KRW 15,000,000 among the down payment and penalty to be paid by the defendant following the cancellation of the instant sales contract, the substitute title was issued a collection order for the attachment and collection of the claim (i.e., the Ulsan District Court 2016T. 1484 (hereinafter “the instant claim attachment and collection order”), and the instant claim attachment and collection order were served on the defendant on January 31, 2017.
2. Determination on the cause of the claim
A. The instant sales contract was concluded.