대여금
1. The Defendant (Counterclaim Plaintiff) paid KRW 50 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from May 29, 2018 to September 17, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 22, 2018, the Plaintiff entered into a contract with the Defendant to sell two sites for Incheon-gun C real estate in each of 94.9 million square meters (482 square meters) and 12.7 million square meters (522 square meters) to the Defendant.
(hereinafter “instant sales contract”). B.
At the time of entering into the instant sales contract, the Plaintiff and the Defendant: (a) entered into an agreement (special agreement) containing the following terms:
(1) The purchaser agrees to newly construct a new house in the name of the seller on a scale of 25 square meters and 30 square meters with the purchase of the above land and to use it as a model house for a fixed period of time. (2) The purchaser agrees to purchase the above land and to purchase the land in the name of the seller on a scale of 25 square meters or more.
3) The buyer shall borrow KRW 100 million from the seller to meet the costs of the project, not all costs other than the construction cost, and shall be immediately returned from the seller for any other purpose, if any, to the Corporation. 4) The buyer shall enter into an agreement that the buyer shall complete the housing and receive the sale price or loan and immediately repay the proceeds.
6) The buyer shall be responsible for the commencement of May 25, 2018 and complete the construction without any condition until August 30, 2018. 8) the buyer shall have to perform the responsible construction on this site and the buyer shall not waive all rights when the construction is suspended before the completion of the construction or when any defect occurs, and shall not reverse any contract for all the expenses and any expenses that he/she transferred to the seller and made the investment.
9) The buyer will make a receipt of all the construction cost and the tax for the cost required for the return of the income under the name of the seller, and at the same time make the registration of the completion and simultaneous preservation and then receive and settle the loan after the transfer registration in the name of the purchaser. 10) The settlement of the sale price of this house shall be based on the market price at the present market price, but shall be decided by consultation with the seller, and the