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(영문) 인천지방법원 2017.05.25 2016가단238419
계약금반환
Text

1. C’s deposit amount of KRW 20,00,000 deposited by the Incheon District Court No. 8285 on September 1, 2016.

Reasons

1. The facts following the facts of recognition do not conflict between the parties or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the entries in Gap evidence of 1 to 6, Eul evidence of 1 and 7 (including each number), witness D and Eul of each part of the testimony of the witness D, and any of the testimony of the witness D contrary thereto shall not be trusted.

On June 9, 2016, the Plaintiff’s agent: (a) concluded a sales contract of KRW 220 million with respect to the purchase price of KRW 730,00,000,000 (hereinafter “instant sales contract”); (b) concluded on June 9, 2016, the Plaintiff’s agent agreed to pay KRW 20,000 on the date of the contract; and (c) the remainder amount of KRW 20,000,000 on the date of the contract; and (d) paid KRW 20,000,000 on August 18, 2016 (Provided, That a special agreement was added to “the date of payment shall be front of the seller’s circumstances”; and (e) paid KRW 20,000,000 as the down payment

B. As of the date of the instant sales contract, the first priority mortgage (hereinafter “first priority mortgage”) was established on the land of KRW 188,50,000,000,000 for the maximum debt amount as of the date of the instant sales contract, and the first priority mortgage (hereinafter “third priority mortgage”) which is the debtor, the debtor, and the debtor, and the third priority mortgage (hereinafter “third priority mortgage”) which is the mortgagee, for thirty years from October 16, 2008, with superficies, maximum debt amount of KRW 200,000,000,000,000,000 won, the maximum debt amount of KRW 130,000,000,000,000 won, the debtor, G, and the mortgagee of the third priority mortgage (hereinafter “third priority mortgage”).

C. On August 8, 2016, C: (a) was drawn up on August 8, 2016, and the special terms and conditions stipulate that “A seller shall terminate the remainder of the right to collateral other than the instant right to collateral security prior to the payment date; and (b) until then, entrust the office of an attorney-at-law entrusted with the termination of the right to collateral security contract with the fact that the seller will entrust the termination of the right to collateral security contract to the office of attorney-at-law entrusted with the termination of the right to collateral security contract.”

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