정산금
1. As to the counterclaim among the judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim that was changed in this court.
1. The judgment of the court of first instance, within the scope of a party member’s judgment, dismissed both the Plaintiff’s claim on the principal lawsuit and the Defendant’s counterclaim, and only the Defendant filed an appeal regarding the part of the counterclaim that lost the judgment of the court of first instance. Thus, the judgment of this court is the part of the judgment
2. Basic facts
A. On September 19, 2008, the Plaintiff, while running a business to newly build and sell neighborhood living facilities by purchasing land for neighborhood living facilities in the district of Namyang-si and the Defendant and the Namyang-si, prepared the following agreements (hereinafter “instant agreement”).
“A” and “B” (Plaintiffs) shall be a person who owns the land for neighborhood living facilities (hereinafter referred to as “living facilities”) and 15(A) and 16(the ownership of the land and agreed to jointly implement the said land, and signed and sealed as follows, and shall prepare two copies and keep one copy in order to verify them, respectively.
1. The amount of debt that Eul is obligated to pay to Gap shall be the total of 1150 million won as of September 19, 2008, and Eul shall confirm that there is no objection against the following obligations:
(1) KRW 150 million: The amount borrowed by Eul as security from among the pre-sale price for the pre-sale facilities of the neighborhood; ② KRW 50 million: The amount borrowed by Eul out of the pre-sale price for the pre-sale facilities of the neighboring facilities; KRW 200 million; the amount used by Eul out of the pre-sale price for the pre-sale facilities of the neighboring facilities; KRW 100 million; the amount used by Eul out of the proceeds from the sale of the pre-sale rights for the pre-sale facilities of the neighboring facilities; KRW 190 million; the amount seized by Eul on the pre-sale facilities (No. 16) owned by Eul due to personal borrowing to a third party.
2. Eul waiver of Eul's rights due to the amount of debt to be repaid to Gap, due to the amount of debt to be repaid to Gap, the joint enforcement of the living facilities under the original agreement between Gap and Eul is proceeding very seriously. Eul waives all rights (including the right of sale) to the living facilities from the date of signing and sealing this agreement, and delegates it later to Gap.