(영문) 수원지방법원 2016.11.16 2015가단53724

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(영문) 수원지방법원 2016.11.16 2015가단53724

보관금반환

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1. The Plaintiff (Counterclaim Defendant) paid KRW 40,000,000 to the Defendant (Counterclaim Plaintiff) C and its payment on December 2, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 29, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant C, with respect to the purchase price of KRW 398,00,000,000,000,000 for KRW 498,000,000 for the purchase price, the remainder payment of KRW 358,000,000 for the purchase price, and the remainder payment date, as of September 25, 2015. In the event the seller or purchaser fails to perform the terms of this contract, the other party shall be notified in writing to the person who failed to perform the contract and may claim damages from the other party, and the contractual party may claim damages from the other party in accordance with the termination of the contract, and the contractual party shall be deemed as the basis of the down payment, unless otherwise agreed on the damages.

B. At the time of the instant sales contract, the registration of provisional attachment of KRW 40,000,000 as claimed by creditor E, the National Health Insurance Corporation by the right holder, the National Health Insurance Corporation, the State and the Young-si Development Bank, the seizure registration of each of the rights-holder-holder-holder-right-holder-holder-holder-right-holder-holder-right-holder-right-holder-right-holder-right-holder-right-holder-mortgage, the registration of creation of a neighboring mortgage, the registration of creation of a mortgage of KRW 288,00,000,000,000,000 won as the maximum debt amount of the Korean Saemaul Bank

C. The Plaintiff and Defendant C entered into a special contract in the instant sales contract, on the grounds that there was a number of restrictions on the amount exceeding the sales price as above, and the key contents are as follows.

[Matters of Special Agreement]

2.The down payment shall not be deposited in the seller, and shall be kept in the G Licensed Real Estate Agent Office.

3. The seller shall cancel and terminate the establishment of a right to collateral security, provisional seizure, and seizure of a house per house until the balance thereof and shall not have a limited real right under Acts;

4. The rent of 30,000,000 won after the seller sells it.

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