(영문) 울산지방법원 2018.12.12 2018나21821

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(영문) 울산지방법원 2018.12.12 2018나21821

추심금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 7, 2007, Ulsan-gu Down-dong 210 (hereinafter “instant real estate”) owned by the Defendant was entered into a sales contract (hereinafter “instant sales contract”) which includes the following contents, and deposited down KRW 12,00,000 on the Defendant’s account.

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 documents necessary for the transfer of ownership at the same time as the remainder payment is received, and the real estate shall also be clarified. The seller shall also provide the real estate in this case. The seller shall also provide the buyer with all documents necessary for the transfer of ownership at the same time as the remainder payment is received. In this case, the buyer shall provide the buyer with the remainder payment.

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

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

The payment shall be made before February 28, 2007, 10% of the balance and the million won of the gold-day.

Seller: The defendant, the buyer, and the other party

B. The Defendant sold the instant real estate to E on July 15, 2009, and completed the registration of ownership transfer on August 7, 2009.

C. On January 5, 2017, the Plaintiff is paid to the Defendant according to the rescission and termination of the instant sales contract (i.e., Ulsan District Court Decision 2016Ra2181, Jun. 5, 2017) with a claim based on the payment order for the instant case, such as the contract deposit, etc., (i.e., a bond for execution; (ii) with a large title as a debtor; and (iii) with the Defendant as a third obligor.

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