분양대금
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on April 15, 2016 regarding real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
In fact, the plaintiff of the parties concerned is a company engaged in the business of constructing and selling commercial buildings and officetels, and the defendant is a buyer who has concluded a sales contract with the plaintiff about the real estate listed in the separate sheet (hereinafter referred to as "instant commercial building No. 101").
As to subparagraph 101 of the commercial building, including the conclusion of a sales contract, the Plaintiff prepared a pre-sale agreement with the Defendant’s wife B and the pre-sale amount of KRW 500,000 on April 14, 2016. On April 15, 2016, the Plaintiff concluded a sales contract with the Defendant to pay the down payment of KRW 44,329,465 on the same day, the first intermediate payment of KRW 44,329,465 on May 16, 2016, and the second intermediate payment of KRW 44,329,465 on July 15, 2016, and to pay the remainder of KRW 310,306,255 on a yearly basis when the payment of the intermediate payment and the remainder is delayed (hereinafter “instant sales contract”).
The Defendant paid the Plaintiff the down payment of KRW 44,329,465 on April 15, 2016, and KRW 44,329,465 on May 16, 2016.
On November 2016, the Plaintiff sent to the Defendant a balance notice following an increase or decrease in the area of the second intermediate payment and the balance of KRW 339,077,871 (excluding value-added tax), including the difference between the sales price and KRW 4,515,871, which occurred due to the increase in the sharing area of KRW 0.73 square meters in the upper price.
On November 2016, 2016, the Plaintiff sent to the Defendant a notice of occupancy to the head of Ulsan District Gun on November 22, 2016 that “The payment of balance from November 29, 2016 to November 30, 2016,” and obtained approval for the use of a commercial building from the head of Ulsan District Gun on November 22, 2016.
On December 5, 2016, the Defendant sent to the Plaintiff a certificate of content that “The Plaintiff was unable to pay the second intermediate payment inevitably due to the Defendant’s circumstances, and thus, the Defendant cancelled the contract and requested the return of the remaining money excluding the down payment.”