(영문) 울산지방법원 2019.05.16 2018나1568 | 리걸엔진

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Reasons

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(영문) 울산지방법원 2019.05.16 2018나1568

추심금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 1, 2007, C Co., Ltd. (hereinafter “C”) entered into a sales contract with the Defendant with the content that C would purchase the purchase price of KRW 300,000,000 (hereinafter “the instant sales contract”).

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

[No. 2 (Real Estate Sales Contract) submitted by the Defendant as evidence, the remainder payment date for the remainder payment period that is not included in the evidence No. 3 (Real Estate Sales Contract) submitted by the Plaintiff as evidence is added to the statement "No. 30, 2007" at the end of the term, and the lower part of the special agreement, "this contract becomes null and void at the expiration of the remainder payment period and the down payment belongs to the seller, and the down payment belongs to the seller," respectively. The C’s seal is affixed on the right side of the original entry of the special agreement. The Plaintiff asserts that the said additional entry was forged by the Defendant. However, the Plaintiff did not dispute over the part of C’s seal affixed on the right side of the original entry into the special agreement, and there is no evidence to prove that the establishment of the original entry is presumed to have been completed, and there is no other evidence to prove that the said additional entry was forged. Location and lot number D site area 1

1. Indication of real estate;

2.As to the terms of the contract (Article 1), the buyer shall pay the purchase-price to the seller by the following means of payment:

Total price: 300,000,000 won (10%) : The remainder of KRW 20,000,000 (90%) - 280,000,000 - The seller shall provide the buyer with all the documents necessary for the transfer of ownership at the same time as the remainder payment is received, and the real estate shall also be ordered.

(Article 7) If the seller has entered into this contract, he shall pay twice the amount received as the down payment to the buyer, and if the buyer has entered this contract, the down payment shall be null and void.

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