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(영문) 수원지방법원성남지원 2015.10.22 2015가합201127

추심금

Text

1. The Defendant: (a) KRW 100,300,000 for the Plaintiff and 5% per annum from September 24, 2015 to October 22, 2015; and (b).

Reasons

1. Basic facts

A. On August 28, 2009, the Defendant entered into a sales contract between the Defendant and Nonparty B (hereinafter “instant real estate”) and the Defendant: (a) 158 square meters out of 602 square meters in Gwangju-si, Gwangju-si, and 99 square meters in the D warehouse site; (b) 158 square meters in size; and (c) one warehouse (hereinafter “instant real estate”).

1) The sales contract to sell 1,145,000,000 won to 1,145,000 won (hereinafter “instant sales contract”).

(2) On August 31, 2009, the Defendant entered into the instant sales contract and received KRW 20,000,000 from B on the same day. (2) On the same day, the Defendant received KRW 340,000,000 from the Plaintiff and appropriated KRW 130,000,000 as the sales price in this case, and remitted the remainder of KRW 210,00,000 to E’s account designated by B. The main contents of the sales contract as to KRW 602,00 in Gwangju-si.

Article 4 (Cancellation of Contract before Installment Payment) Where a contract is rescinded before the intermediate payment is made, the seller may cancel the contract by giving up the down payment, by compensating twice the down payment.

Article 5 (Cancellation of Contract after Payment in Installments) After the intermediate payment has been paid, any party responsible for cancelling a contract may cancel the contract in accordance with the principles of civil law for compensation for damage to the other party.

The contract special agreement - The contract shall be deemed as the performance deposit, and the contract deposit shall be deemed as the performance deposit, and the confirmation statement after the land transaction permission shall be prepared, including the confirmation statement.

- establish, after the contract, KRW 500,000,000 to the land at issue and the Dong C, Dong F;

(F) FFFY ACTS ACTS ACTS ACT. - In the event of FF, the remaining date may be prior to a mutual agreement, subject to the mutual agreement.

- Preparation of confirmation specifications, including written confirmations after land transactions permission;

B. B’s tort against the Defendant is against the Defendant at the time of the conclusion of the instant sales contract.