매매대금 반환 등
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Defendant (Counterclaim Plaintiff) is from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 12, 2016, the Plaintiff entered into a sales contract with the Defendant and each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to pay KRW 270 million on the date of the contract, whereas KRW 27 million on the date of the contract, the intermediate payment of KRW 18 million on March 30, 2016, and the remainder payment of KRW 135 million on May 10, 2016, respectively.
(hereinafter “instant sales contract”). B.
According to the instant sales contract, the Plaintiff paid each of the Defendant KRW 27 million as the down payment on February 12, 2016, and KRW 98 million as the intermediate payment on March 28, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 4-1 to 4, Eul evidence 1, and the purport of whole pleadings
2. The parties' assertion
A. Plaintiff 1) made a verbal agreement with the Defendant to reduce the intermediate payment and the balance in KRW 10 million, thereby changing the purchase price into KRW 250 million under the instant sales contract. The Plaintiff paid KRW 27 million to the Defendant each of the down payment and the intermediate payment KRW 98 million. (2) At the time of the instant sales contract, the Plaintiff entered the repair work by inserting KRW 35 million from February 2016 to the building listed in the attached Table 4 (hereinafter “instant housing”).
3) However, the Defendant: (a) sold each of the instant real estate to C, a real estate broker, in the market price of KRW 170 million; and (b) paid the difference to the broker if sold at a higher price; and (c) promised that C, a buyer, in the Plaintiff, had the buyer, set the sales price at KRW 270 million and entered into the instant sales contract by determining the sales price as KRW 270 million; and (d) as above, selling real estate to the buyer at a higher price than each other and acquiring the difference.