토지
1. The judgment of the court of first instance is modified as follows.
The Plaintiff (Counterclaim Defendant) is from Defendant (Counterclaim Plaintiff) to 15,000.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 22, 2002, the Plaintiffs completed the registration of ownership transfer as co-owners with regard to each one-half share under the Ulsan District Court’s registration and receipt No. 108369, Ulsan District Court’s 6,294 square meters for each of the 18th day of the same month on the grounds of the trade between husband and wife.
B. The instant orchard land including the instant orchard land (hereinafter “the instant orchard land”) is divided into 16 lots, including each land listed in the separate sheet (hereinafter “each of the instant land”), and part of which was developed into the electric source housing site, and at the time, the electric source housing site creation corporation was proceeding with the FF corporation.
C. E is a person who has been in charge of practical duties in F Co., Ltd., and G, who is that person, was carrying out the civil engineering work of the above electric source housing site.
On May 7, 2010, the Plaintiffs concluded a sales contract with the Defendant for each of the instant land (hereinafter “instant sales contract”).
The Plaintiffs filed the instant lawsuit on the premise that the instant sales contract was concluded on April 30, 2010, but the date of the instant sales contract was corrected on May 7, 2010 through a preparatory document dated November 21, 2017.
E. On May 7, 2010, the Defendant remitted KRW 50 million to the bank account of the F Co., Ltd. registered as an internal director. On the same day, the Plaintiff Company A received the remitter’s name as the Defendant and received KRW 40 million from the remitter to its financial account. On June 4, 2010, the Defendant remitted KRW 40 million to the bank account in the name of K, the mother of G.
F. On May 11, 2010, the Defendant completed the registration of ownership transfer in its name under the name of Ulsan District Court’s registration and receipt No. 40901, on the land listed in Paragraph (1) of the Attached List No. 1, 2010.
(g) The Plaintiffs, on March 9, 2015, notified the Defendant of the cancellation of the instant sales contract on the grounds that the advance payment and the remainder are unpaid, and the down payment that was already paid.