(영문) 울산지방법원 2018.10.17 2018가단5477

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(영문) 울산지방법원 2018.10.17 2018가단5477

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) On January 19, 2007, Jung-gu, Ulsan-gu, Seoul (hereinafter “the instant land”) purchased from the Defendant for KRW 400 million a size of 144 square meters (hereinafter “the instant land”) in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, and purchased from the Defendant for KRW 400 million.

(2) The Plaintiff submitted by the Plaintiff on February 15, 2007, and the intermediate payment of KRW 150,000,000 to the Defendant was paid to the Defendant on January 17, 2007, which was immediately before the conclusion of the contract, and the intermediate payment of KRW 150,000 on February 15, 2007, and the remainder of KRW 200 million on July 31, 2007 indicated the real estate sales contract as “No. 30,000,000,000,000 won” as “No. 1,000,000,000 won.” However, the Defendant’s “No. 1,000,000,000 won” submitted by the Defendant on September 30, 207, stating the date of the payment of the remainder as “No. 1,000” and affixed a seal on the date of payment of the remainder as a legal person.

Each of them agreed to pay.

Article 7 of the sales contract of this case provides that "if the seller has entered into this contract, he/she shall pay twice the amount received as the down payment, and if the buyer has entered this contract, the down payment shall be null and void, and the down payment shall be reverted to the seller."

In addition, the special terms and conditions of the contract, in addition to the provision that “This contract shall take effect simultaneously with the deposit of the down payment in the account of the seller,” expressly stated that “The down payment shall be automatically reverted to the seller if the intermediate payment is not paid by the said full time limit (Article VII priority Application).”

hereinafter referred to as "the instant special agreement"

As above, by paying the Defendant the down payment of KRW 50 million prior to the conclusion of the contract, the instant sales contract was concluded at the same time as the conclusion of the contract.

However, the subject did not pay the intermediate payment at all until the date of the intermediate payment.

After that, the defendant on September 20, 2012 shall be the E.

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