매매대금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from November 28, 2017 to the date of full payment.
A counterclaim against a principal lawsuit shall also be deemed a counterclaim against a principal lawsuit.
1. Facts of recognition;
A. On July 12, 2017, the Plaintiff concluded a real estate sales contract (hereinafter “instant contract”) with respect to real estate owned by the Defendant and the Defendant, with the following content.
Location: C and 3 lots outside of Jeonnam-si, and approximately 2,807 square meters
1. Sales proceeds: Dol up to 67,920,000 won (Won 67,920,000);
2. Contract deposit: 10 million won shall be paid and received at the time of contract. Receipter (B)
3. Part payments: 20 million won shall be paid on July 21, 2017;
4. Balance: Payment shall be made on August 31, 2017 at 3,7920,000 won.
5. The seller shall transfer the full ownership to the buyer by removing the causes for restricting the exercise of ownership, such as the mortgage and superficies established on the said real estate;
6. The parties may cancel the contract for the other party’s default and claim damages, and the damages shall be deemed to be based on the contract deposit, unless otherwise agreed.
Matters of special agreement
1.To measure the above lot number land by dividing it, the usual number of land shall be approximately 1,00 square, but the amount of sale in accordance with the volume of the surveying may be deducted.
2. A seller shall hand over superficies and farming rights to a buyer at the same time as the payment of the remainder; and
B. On September 13, 2017, the Plaintiff and the Defendant: (a) surveyed the “three non-three parcels in Jeonnam-si; (b) the parcel number of the materials specified as a result of the survey was 2,431 square meters prior to D, Jeonnam-si; and (c) the sales price was 58,800,000 won.
C. At the time of the instant sales contract, the Plaintiff paid 10,000,000 won to the Defendant, and the intermediate payment of 20,000,000 won was paid in July 20, 2017.
The 20,000,000 won out of the balance was paid at the request of the defendant on July 31, 2017 at a higher time than the due date.
The plaintiff and the defendant agreed to pay 8,800,000 won to the remainder and simultaneously implement the repayment of secured debt and the cancellation of registration of collateral security established on the real estate in this case.
[Reasons for Recognition] There is no dispute, Gap 1, 2, and 3.