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(영문) 울산지방법원 2019.01.17 2018나22879
추심금
Text

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. C Co., Ltd. (hereinafter “C”) promoted a housing construction project (hereinafter “instant project”) on a lot of land in Ulsan-gu, Ulsan-gu D, a company running real estate sales business, etc.

Article 1 of the Real Estate Sales Contract: With respect to the sale of the above real estate, the buyer shall pay the purchase price to the seller by the following means of payment:

Article 3: 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. The seller shall also provide the buyer with all the documents required for the transfer of ownership at the same time.

Article 7:In case the seller has accepted this contract, he shall pay twice the amount received as the down payment to the buyer, and in case the buyer has accepted it, the down payment shall be null and void, and the seller shall be reverted to the seller

Special agreement: This contract takes effect simultaneously with the deposit of the down payment in the account of the seller.

Seller: Defendant and buyer: C and one other

B. On March 28, 2006, C entered into a sales contract with the Defendant with respect to the Ulsan-gu E-Ba (hereinafter “instant real estate”) owned by the Defendant, which includes the following (hereinafter “instant sales contract”), and deposited the down payment of KRW 15,000,000 in the Defendant’s account.

C. The Defendant sold the instant real estate to G on June 10, 2008, and completed the registration of ownership transfer on June 20, 2008.

On January 5, 2017, the Plaintiff received the claim attachment and collection order issued by the Ulsan District Court 2016TT No. 201484 with respect to KRW 15,000,000,00 from the Defendant according to the cancellation of the instant sales contract (it is impossible to perform due to sale and purchase on June 10, 2008) with the Defendant as the execution bond based on the payment order in the instant case, including the contract deposit No. 2016 tea2181, the Plaintiff as the obligor, and the Defendant as the third obligor.

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