매매대금
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay to the Plaintiff (Counterclaim Defendant) KRW 393,469,667 as well as the full payment from July 1, 2020.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On January 15, 2020, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a sales contract with C on behalf of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) to purchase the fourth E and F of the D Building in Kimpo-si owned by the Plaintiff (hereinafter “instant commercial building”) in total amounting to KRW 410 million (hereinafter “instant sales contract”).
The main contents of the above sales contract are as follows:
Article 1 (Purpose) In the sale of the commercial building of this case, the seller and the buyer, by agreement, shall pay the purchase price as follows:
E:20 million won (in the event of a contract, the balance of KRW 180 million shall be paid on April 15, 2020): 210 million (in the event of a contract, the balance of KRW 21 million shall be paid on April 15, 2020): Article 2 (Payment on April 15, 2020) of the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be April 15, 2020.
Article 3 (Extinguishment of Restricted Real Rights, etc.) If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid tax and other charges, the seller shall remove the defects, burdens, etc. of the said rights and transfer the full ownership to the buyer
except in cases of rights and amounts agreed to succeed.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may make a written peremptory notice to the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.