매매대금반환
1. The Plaintiff (Counterclaim Defendant) on January 15, 2012 regarding each real estate listed in the separate sheet from the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. On January 15, 2012, the Plaintiff: (a) purchased the instant real estate owned by the Defendant from the Defendant; (b) concluded a sales contract with the Defendant to pay KRW 50 million as the down payment per contract date; (c) KRW 70 million as the intermediate payment on January 19, 2012; and (d) KRW 360 million as the remainder on March 30, 2012 (hereinafter “instant sales contract”).
The down payment and intermediate payment were paid to the Defendant according to the instant sales contract, and with respect to the payment of the remainder, the Plaintiff and the Defendant, out of the remainder KRW 360 million, accepted by the Plaintiff the obligation to return the studio deposit located in the instant real estate as the buyer, and the Plaintiff paid the Defendant the remainder KRW 140 million upon receiving the instant real estate as security, and the remainder KRW 160 million was determined to be paid in cash by the Plaintiff.
B. On April 16, 2013, and September 2, 2014, the Defendant sent each proof of content to urge the Plaintiff to pay any balance over twice.
C. On February 5, 2015, the Defendant established the right to collateral security of KRW 168 million on the instant real estate from the National Bank of Korea, a Co., Ltd., with the maximum debt amount of KRW 168 million, and was loaned KRW 140 million.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 4 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. In relation to the payment of the remainder of the Plaintiff, the Plaintiff is obligated to pay the remainder of KRW 160 million to the Defendant, excluding the remainder of KRW 140 million that the Defendant borrowed. The Plaintiff, with the Defendant’s consent, paid KRW 160 million out of the remainder of the instant real estate to C who mediated the sale and purchase of the instant real estate, thereby fulfilling all the obligations under the instant sales contract.
Nevertheless, the defendant did not receive any balance from C, and thus, the real estate of this case to the plaintiff.