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1. The Defendant’s compulsory execution against the Plaintiff is KRW 36,00,000, based on the original copy of the payment order.
Reasons
1. The following facts are found to be without dispute between the parties, or acknowledged in Gap evidence Nos. 1 to 3, and Eul evidence No. 1 by integrating the purpose of the entire pleadings.
A. On January 17, 2017, the Plaintiff decided to purchase the first floor D (hereinafter “instant real estate”) of the Yeongdeungpo-gu Seoul Building A from the Defendant for KRW 700 million (hereinafter “instant sales contract”) and paid to the Defendant the down payment amount of KRW 15 million on the day.
B. The Plaintiff and the Defendant drafted a contract on the instant sales contract on January 23, 2017. The key contents are ① KRW 700 million; KRW 20 million shall be paid at the time of the contract; KRW 60 million shall be paid at the time of the contract; KRW 620 million shall be paid at the time of the contract; ② Before the buyer pays the remainder to the seller, the seller shall reimburse the remainder; ② the buyer may waive the down payment; ③ the buyer may rescind each contract (Article 5); ③ the buyer shall be deemed the estimated amount of compensation for damages; ④ the buyer shall pay the down payment at KRW 15 million at the time of the contract on January 17, 2017; and the special agreement shall be made to pay the down payment at KRW 40 million (hereinafter “the special agreement”).
C. Even after February 17, 2017, the Plaintiff failed to pay to the Defendant KRW 45 million under the instant special agreement.
On February 24, 2017, the Defendant notified the Plaintiff that the instant sales contract would be terminated if it did not pay it by March 7, 2017, and that it reached around that time.
After that, following the cancellation of the instant sales contract against the Plaintiff, the Defendant applied for a payment order of KRW 15 million to the remainder of KRW 45 million, which was confiscated, from among the KRW 60,000,000, which is the estimated amount of compensation for damages, to the Plaintiff, for which the payment order was issued on April 4, 2017.