(영문) 의정부지방법원 고양지원 2018.02.21 2017가합73795



1. The Defendant (Counterclaim Plaintiff) paid KRW 250,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 21, 2017 to February 21, 2018.


A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 29, 2015, the Plaintiff and the Defendant entered into a sales agreement with C to purchase the real estate listed in the separate sheet (hereinafter “instant land”) for KRW 500,000,000, and received respectively the registration of ownership transfer for each of the instant land on July 20, 2015.

B. Meanwhile, on July 17, 2015, which was after the conclusion of the above sales contract and before the completion of each of the above transfer registration, the Plaintiff and the Defendant drafted a written agreement (Evidence No. 2; hereinafter “instant agreement”) with the following contents. The Plaintiff and the Defendant divide the profits from selling the instant land to others into one-half ratio, and the Defendant divided the profits from selling the instant land to others, and even if they suffer a harsh loss, the agreement (Evidence No. 2) will be shared at the same ratio.

1. Of the land value of this case 500,000,000 won in cash, 200,000,000 won in cash shall be paid to the Plaintiff, and 300,000,000 won in cash shall be paid to the Defendant. Since the Plaintiff received a loan from the real estate located in Seoul, 200,000,000 won in cash shall be liable to the Plaintiff for interest thereon, and the interest on the loan of 300,000,000 won shall be liable to the Defendant.

2. After the sale of the instant land, the Plaintiff’s remaining profits, excluding the Plaintiff’s KRW 200,000,000,000, and the Defendant’s loaning KRW 300,000,000, and all other incomes, excluding the Plaintiff’s loaning KRW 300,000,000, are divided by one-half, respectively.

When there is no profit in the sale of the above land, the damages are divided into two parts by the plaintiff and the defendant.

Therefore, when it is intended to sell and purchase between the plaintiff and the defendant regardless of the existence of a profit, the contract was concluded with a view to clarifying the reasons therefor.

C. In accordance with the above agreement, the Defendant is below the Chungcheong Agricultural Cooperative on July 20, 2015.