(영문) 울산지방법원 2017.11.29 2017가합23413

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(영문) 울산지방법원 2017.11.29 2017가합23413

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2005, the Defendant entered into a sales contract with C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) with a view to selling the share of 2/3 square meters (175 square meters) of Ulsan-gu E, F and G 867.5 square meters (262.4 square meters) (hereinafter “instant real estate”) for KRW 2,600,000 for purchase price (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Real estate sales contract

1. Location of the object of a real estate sale and purchase contract: The area of area E, F, and G2: 2/3 of the co-owners’ shares in the area of 867.5 square meters (262.4 square meters) (262.4 square meters): The defendant shall be the seller, and the buyer shall be the buyer, and the non-party one shall be the buyer, and the sale and purchase contract shall be concluded as follows:

[Article 1] Sales Price 1) The sale price shall be KRW 200,000,000,000,000 (Article 2). [Article 1] The sale price shall be KRW 1) one hundred,000,000 (Article 1),00,000) as the down payment (Article 2) as the down payment procedure 1). The sale price shall be KRW 50,000,000 (Article 50,000,000), and KRW 50,000 (Article 50,000,000) as of July 8, 2005.

2) The balance will be paid not later than September 30, 2005 at the same time with the cancellation of the limitation of rights against the owner of the land to be sold. (3) the above-mentioned 1) and 2) the termination of the contract is deemed to be a breach of contract in the event of a breach of contract under the above-mentioned 1) and (2) the Defendant would not raise any civil and criminal objection against the purchaser of the sea for re-sale to a third

[Article 5] Where the defendant or the buyer has suffered loss due to any cause attributable to the other party, he or she shall reimburse a double of the down payment at the time of the penalty, and the buyer shall waive the down payment at the time of the penalty.

Seller on June 24, 2005 C, D

B. On June 24, 2005, the Defendant received KRW 500,000,000 from the buyer of the instant sales contract, and around July 19, 2005, the Defendant received KRW 500,000,000 from the buyer as the remainder of the down payment of the instant sales contract.

C. The buyers of the instant sales contract are the buyers.

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