선박
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the vessels listed in the separate sheet;
(b) the annexed list;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 27, 2013, the Plaintiff entered into a sales contract with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant vessel”) with the content of selling KRW 13 million to the Defendant for purchase price (the contract amounting to KRW 30 million, intermediate payment of KRW 30 million, remainder of KRW 53 million, remainder of KRW 53 million, and date of delivery of the vessel), and entered into a sales contract again by modifying the terms and conditions of a contract on July 8, 2014, including changing the purchase price to KRW 120 million.
(hereinafter “instant sales contract”). B.
In the instant sales contract, the Plaintiff and the Defendant paid the down payment of KRW 30 million on the date of the contract, and paid the remainder of KRW 90 million until September 30, 2014, and agreed to deliver the instant vessel by September 30, 2014.
C. Meanwhile, in the event that the Defendant did not pay the balance of the purchase price of this case, it is necessary to first commence the business using the ship of this case and request the registration of delivery of the ship and establishment of the right of lease, the Plaintiff, upon the Defendant’s request, delivers the ship of this case to the Defendant on July 20
9. Text 1-b;
The registration of the establishment of the right of lease (hereinafter referred to as the “registration of the establishment of the right of lease of this case”) was completed.
The Plaintiff notified the Defendant of the payment of the remainder around October 7, 2014 when the Defendant delayed the payment of the remainder, and notified the Defendant of the cancellation of the instant sales contract on the ground of the nonperformance of the remainder payment on October 21, 2014.
[Reasons for Recognition] Gap evidence Nos. 2 through 9, Eul evidence Nos. 1 and the purport of the whole pleadings
2. The assertion and judgment
A. Since the sales contract of this case in the summary of the plaintiff 1's assertion was cancelled due to the defendant's default to pay the balance, the defendant is obligated to deliver the ship of this case to the plaintiff in its original state. The registration of establishment of the right of lease