물품대금반환
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is to pay KRW 17 million to the Plaintiff (Counterclaim Defendant) and to the day of full payment from July 30, 2014.
1. Facts of recognition;
A. On August 5, 2013, the Plaintiff: (a) purchased a sales contract with the purchase price of KRW 125,400,000,000 for KRW 125,000,000,000 for KRW 24,000 on the date of the contract; (b) the intermediate payment of KRW 25,00,000 on August 25, 2013; and (c) concluded a sales contract with the Defendant to pay the remainder of KRW 89,40,00 on September 30, 2013 (hereinafter “instant sales contract”); and (d) paid the contract deposit and intermediate payment to the Defendant.
[The Defendant's cultivation area is 18,400 square meters, D's cultivation area is 1,400 square meters, E's cultivation area is 3,000 square meters).
The terms and conditions of the instant sales contract include the following: “PS measurement, miscellaneous removal, and cruel farming household liability.”
C. On September 30, 2013, the remaining payment date, the Plaintiff refused to accept the transfer with the Defendant, etc. on the ground that the market value of the transfer does not fall short, and thereafter agreed to reduce a considerable amount from the amount corresponding to the ratio of D and E’s farming out of the balance that D, E, and the original payment was made. On October 10, 2013, the Plaintiff paid three million won to D and six million won to E as each balance, and acquired the transfer cultivated by them.
On October 13, 2013, the Defendant sold to F the distribution market (18,400 square meters) he/she cultivated to F in KRW 57 million, and received the payment by October 26, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1, 6, and 7, witness D, and G's testimony and the purport of the whole pleadings
2. The parties' assertion
A. On September 2013, the Plaintiff’s assertion (principal suit) confirmed the progress of the cultivation of the cultivated land under the instant Pool Sales Contract, and subsequently refused to accept the distribution and demanded the Defendant to return the down payment and the intermediate payment.
Accordingly, the defendant shall give the plaintiff with acceptance of E and D's cultivated land, and return 17 million won out of the down payment and intermediate payment already paid by the plaintiff to the part cultivated by himself.