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1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff)’s payment order with respect to a counterclaim is as follows.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s relation (i) acquired ownership of a part of the ownership of the building on May 23, 1997, Jongno-gu Seoul HJ 194.1 square meters and five stories above the ground (hereinafter “instant real estate”) and transferred the ownership of each of the instant real estate to a third party by transferring the ownership of each of the instant real estate from May 18, 1998 to a third party. As to the said land from May 18, 1998, the Defendant owned the ownership of 68409386/747584884.82/85/1, 85 of the instant building.
The Plaintiff, a female female of the Defendant, completed the move-in report on the fifth floor of the instant building from around 199 to reside in the fifth floor of the instant building.
B. Around around 2012, the implementation of an urban environment rearrangement project was conducted in Jongno-gu Seoul Metropolitan Government D party where each of the instant real estate was located, E, F, and G zone, and the implementation company of the said rearrangement project was designated as C (hereinafter “execution company”).
C. (1) On April 25, 2012, between the Si and the Defendant, the Defendant sold the Defendant’s share in each of the instant real estate to the executor in KRW 4,649,00,000,000, and the executor entered into a sales contract with the Defendant that, before August 31, 2012, the Defendant would pay the said share in the purchase price to the Defendant in lump sum, and if delay, the Defendant would pay the said share in the purchase price at a rate of 10% per annum.
D. However, even until December 19, 2013, the event and the defendant did not perform their respective duties under the above sales contract.
As between the Si and the Plaintiff’s event on June 12, 2013, the Plaintiff received 80,000,000 won in total as operating compensation expenses, and 20,000,000 won in terms of operating compensation expenses, from the Plaintiff as operating compensation expenses, and received the said money.