손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 40 million to the Plaintiff (Counterclaim Defendant) and against this, from April 3, 2013 to March 16, 2016.
1. Basic facts
A. On September 9, 201, the Plaintiff and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to the building D, E, and F (hereinafter “instant real estate”) on the ground building C in Gunposi-si owned by the Defendant, as follows. The sales contract (No. 2) on the same date is written differently from the actual sales contract by agreement between the parties.
1) Sales amount: KRW 70 million; KRW 20 million; KRW 620 million; KRW 620 million; KRW 60 million (in lieu of the Plaintiff’s acceptance of the secured obligation with respect to the instant real property); and KRW 30 million; and KRW 30 million among them shall be paid up to October 11, 201; and KRW 30 million which the Defendant entered into with respect to the instant real property; KRW 30 million; and KRW 4.3 million on monthly rent, the Defendant shall succeed to the Plaintiff at the same time as the remainder payment; and at the same time, deliver documents necessary for the registration of transfer of ownership.
B. Meanwhile, on the date of the contract, the Defendant prepared a written confirmation to the Plaintiff that “the balance under the contract is KRW 680,000,000,000 shall be paid to the Plaintiff if it actually pays KRW 30,000,000,000,000,000 shall be issued with all necessary documents
C. At the time of the contract, the Plaintiff paid the Defendant the down payment of KRW 20 million, and paid KRW 20 million out of the remainder on October 13, 201.
The defendant shall notify the plaintiff on October 28, 201 that the contract of this case was terminated on the grounds that the contract of this case remains unpaid in the absence of an answer within seven days.
‘The content-certified mail' has been sent.
E. The Defendant sold the instant real estate to a third party, and completed the registration of ownership transfer on January 2, 2013.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the principal claim, the defendant sold the real estate of this case to a third party, which is the object of the contract of this case, and thereafter the registration of ownership transfer.