(영문) 의정부지방법원 2018.11.22 2018나1507

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(영문) 의정부지방법원 2018.11.22 2018나1507

약정금 등

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On May 2, 2007, the Plaintiff entered into a contract with the Defendant on June 11, 2007, 200 won (a contract deposit of KRW 18,000,000 on an intermediate payment of KRW 230,000,000 (a contract deposit of KRW 18,000,000 on June 11, 2007, an intermediate payment of KRW 222,000,000 on June 207, 200, and KRW 33.3 square meters on a single-story roof house on the land, 47.4 square meters on a wooden village, a wooden village branch, and 92.5 square meters on each of the instant land (hereinafter “instant land”); and (b) to pay the Defendant the remainder of the contract deposit of KRW 10,000 on October 30, 207 (hereinafter “the contract deposit”).

B. However, when the Plaintiff became aware that the owner of the instant temporary domicile was not the Defendant, the Plaintiff demanded the Defendant to withhold the payment of the intermediate payment under the instant contract and take necessary measures to transfer the ownership of the said temporary domicile.

C. Around June 25, 2007, the Defendant removed the instant refinery. The Plaintiff, around July 19, 2007, sent a certificate to the Defendant that “Around July 19, 2007, the Plaintiff unilaterally removed the said refinery and the Plaintiff cannot perform the contract of this case. Therefore, the Defendant returned the down payment of KRW 18,00,000 to the Plaintiff.”

Since then, the plaintiff filed an application for provisional seizure against the defendant on January 22, 2008, for provisional seizure of real estate (hereinafter "provisional seizure of this case") with the Goyang-si District Court 2008Kadan26, Goyang-si, Goyang-si, Goyang-si, the High District Court 2008Kadan26 on the land of this case and each of the housing of this case, on the ground that the above 18,000,000 won claim for the repayment of the down payment

In the note of payment: The letter of debt, each of which is the debtor, shall admit that the plaintiff (E) has the above amount of debt to the creditor, and not later than January 15, 201, shall repay the above amount of debt until January 201, and shall not extend the due date for payment with the creditor.

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