정산금청구의 소
1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 113,391,91 and KRW 76,073,798 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Presumed factual basis
A. On May 29, 2013, the Plaintiffs and the Defendant Company entered into a contract (hereinafter “instant primary contract”) with the content that “The Defendant Company transferred the ownership of a detached house (not less than 35 square meters of exclusive use area) and approximately 100 square meters of the site (including co-ownership shares for roads) to Plaintiff A” (hereinafter “instant primary contract”) to be located on May 29, 2013.
On August 2013, the Plaintiffs and Defendant Company entered into a contract with the following terms: (a) the size of the land provided by the Defendant Company to the Plaintiffs is 143.25 square meters (exclusive 124 square meters and common 19.25 square meters); (b) the exclusive use area of the land is 45 square meters (excluding the building area for parking lots and warehouses); and (c) the exclusive use area is 45 square meters (excluding the building area); and (d) the total price is 578,00,000 won (hereinafter “the second contract”).
The terms and conditions of the instant secondary contract include ① the content that the Plaintiffs may acquire the land to be provided by the Defendant Company by entering into a contract directly with the landowner; ② Defendant D, a director of the Defendant Company, would be jointly and severally liable with the Defendant Company if the Defendant Company fails to implement the instant secondary contract agreement.
On August 2, 2013, the Plaintiffs entered into a contract with H to purchase KRW 200,000,000,000 for the volume of 411 square meters prior to the Nam-si, Namyang-si. The contents of the special agreement include the following: (i) “exclusive 411 square meters (124 square meters), public 70 square meters (21 square meters),” “473.56 square meters (145 square meters)”, and (ii) “sale price (200,000 square meters) includes approximately 21 square meters of road shares.”
On May 29, 2014, the Plaintiffs and the Defendant Company constructed a reinforced concrete structure building consisting of “194 square meters of site size”, “77 square meters of building area” (62 square meters, 15 square meters of ground, and parking lot, boiler room, and warehouse) and “3 floors on the ground level,” and transferred the ownership of the building site and building to the Plaintiffs.