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1. As to the Plaintiff’s KRW 61,00,000 and KRW 41,000 among them, the Defendant shall pay to the Plaintiff KRW 61,00,000 from December 20, 2017.
Reasons
1. Facts of recognition;
A. On December 20, 2017, the Plaintiff and the Defendant paid the Defendant the down payment of KRW 410 million on the date of the contract, and the remainder of KRW 369 million on March 30, 2018, with respect to the purchase price for the C Apartment 2104, 602, Namyang-si, Namyang-si (hereinafter “instant apartment”) (hereinafter “instant apartment”), as follows: (a) the Plaintiff agreed to pay the purchase price of KRW 410 million on the date of the contract; and (b) the Plaintiff paid the Defendant the down payment of KRW 41 million on the date of the contract; and (c) the main contents of the said contract are
Article 7 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.
The parties to a contract may claim respectively to the other party for damages arising from the cancellation of contract, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.
Matters of special agreement
3. The maximum maximum amount of debt on the entire certificate of the registered matter is KRW 436.5 million ( KRW 348 million in interesting country life/ KRW 58.5 million in interesting country loan/ KRW 58.5 million in lease on a deposit basis/ KRW 500,000 in lease on a deposit basis/ KRW 25 million in lease on a deposit basis). The seller shall repay the full amount on the outstanding date and the seller shall cancel the additional right and shall not change the additional right by the remainder. 4. In addition to the above rights, the sales contract shall be rescinded at the time of the change of the additional right and the seller shall
B. However, with respect to the apartment of this case, ① KRW 20 million as claimed on January 18, 2018, the provisional attachment registration in the name of creditor D (Seoul District Court Decision 2018Kadan10038), ② the provisional attachment registration in the name of creditor D was completed on February 9, 2018, ② the provisional attachment in the name of creditor E (Korean Government District Court Decision 2018Kadan256) was completed on February 9, 2018, ③ the decision to commence the auction procedure was completed on June 25, 2018, and ③ the registration was completed on June 25, 2018.
C. On August 31, 2018, the Plaintiff’s rank to the Defendant.
The provisional attachment registration under paragraph (1) shall be cancelled after the completion of each provisional attachment registration.