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(영문) 제주지방법원 2016.01.21 2015가합1389
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 13, 2015, the Plaintiff filed an application for payment order with the pro-friendly C (Seoul District Court Decision 2015jj192). On May 26, 2015, the Plaintiff was ordered to pay the Plaintiff 294,60,000 won and the payment order amounting to 5% per annum from January 1, 2013 to the date of service of the original copy of payment order, and 20% per annum from the next day to the date of full payment.

B. Legal relations between the Defendant and C is one of the instant real estate between the Defendant and C on March 15, 201, the Defendant is 3,759 square meters of land D in Busan Metropolitan City (hereinafter “instant real estate”) between C and C.

(2) The sales contract for the purchase price of KRW 630,00,000 is to be sold, and the down payment of KRW 63,000,000 is to be paid for KRW 187,00 on March 16, 201; the intermediate payment of KRW 187,000 on June 15, 201; and the remainder of KRW 380,000,000 on July 15, 201 (hereinafter “instant sales contract”).

(2) On June 15, 2011, the Defendant promised to sell the instant real estate at KRW 250,000,000 to C, and the date of the completion of the sale is July 15, 201, and the date of the completion of the sale is KRW 250,000 on the same day as the subscription deposit, and the said amount is deducted from KRW 250,000,000 (hereinafter referred to as “instant trade reservation”).

On June 16, 2011, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) by Busan District Court No. 38647 on the grounds of the pre-sale agreement as of June 15, 2011.

C. On June 26, 2015, the Plaintiff filed an application with the Busan District Court for the attachment and assignment order of KRW 250,000,000 out of the total amount of money for future other reasons, such as all the down payment, intermediate payment, balance, penalty, etc. related to the provisional registration of this case (hereinafter “instant claim”) with the title of execution of the payment order as of May 26, 2015, with the Busan District Court 2015TT15TT15470, and the attachment and assignment order of the instant claim of this case on June 29, 2015.

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