소유권이전등기
1. The Defendant (Counterclaim Plaintiff) receives KRW 850,000,000 from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiffs, around May 2, 2016, purchased KRW 800,000,000 out of the down payment of KRW 50,000,000,000,000,000 from the Defendant, as indicated in the attached real estate (hereinafter “instant real estate”), and agreed on May 2, 2016 to pay the remainder of KRW 45,50,000 on May 18, 2016, respectively, and pay the remainder of KRW 750,00,00 on July 7, 2016 at the same time as documents necessary for the registration of ownership transfer of the instant real estate, and deliver the instant real estate on July 7, 2016.
(hereinafter “instant sales contract”). According to the instant sales contract, each of the Plaintiffs paid to the Defendant KRW 5 million on May 2, 2016, KRW 45 million on May 12, 2016, KRW 65 million on June 12, 2017, respectively (i.e., KRW 35 million).
On June 15, 2016, the Defendant paid each of the Plaintiffs KRW 10 million to the Plaintiffs (= KRW 65 million KRW 30 million) on June 15, 2016, KRW 10 million on June 27, 2016, KRW 145 million on June 15, 2017, and KRW 50 million on March 3, 2017.
[Grounds for recognition] In the absence of dispute, Gap's evidence Nos. 1, 3, 7, 8, Eul evidence Nos. 1 (including a branch number; hereinafter the same shall apply), witness D's testimony, and the purport of the whole pleadings, the tenant of the real estate in this case alleged by the parties concerned did not withdraw from the transfer date of the real estate in this case under the contract of this case. The plaintiffs and the defendant agreed that the tenant of the real estate in this case and the tenant of the real estate in this case perform their obligations, such as the payment of balance and the transfer of ownership under the
As the Defendant asserted an increase in the market price of the instant real estate even after the lessee was removed and refused to implement the instant sales contract, the Plaintiffs accepted the Defendant’s request and decided to increase the purchase price of the instant real estate in KRW 850 million.
Therefore, the defendant had already been the plaintiffs from the plaintiffs.