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1. Each claim filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
Reasons
1. Basic facts
A. On March 11, 2016, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants in the purchase price of KRW 578 million, but the down payment of KRW 58 million was paid at the time of a contract, and the remainder of KRW 520 million was received at the time of receipt of documents necessary for the registration of ownership transfer on May 13, 2016. According to the special agreement clause(2), this contract is subject to the buyer’s permission for development activities at the buyer’s expense and the seller actively cooperates with all documents necessary for development activities: Provided, That the contract is null and void if the land is legally defective, and the contract is immediately cancelled and the down payment is returned within 10 days without penalty (interest), and the seller’s remainder of the contract is confirmed as the contract date, and the terms and conditions that the seller takes over at the time of the contract date, and the seller’s remainder of the contract can be confirmed as the contract date.
(hereinafter “instant sales contract”). B.
In order to build a new building by changing the form and quality of the instant real estate with the Plaintiff’s consent, the Defendants concluded a civil engineering design and a contract for the preparation of authorization and permission books with D on April 18, 2016 as the service amount of KRW 24 million (excluding value-added tax) and paid KRW 12 million out of the service amount, and the Defendants concluded a building design contract with ABS architectural firms as the contract amount of KRW 10 million (excluding value-added tax) and paid KRW 5 million out of the contract amount.
C. On September 30, 2016, the Plaintiff: (a) between the Defendants on September 30, 2016; (b) “The interest for KRW 200 million of the intermediate payment of the instant sales contract is 670,000 per month for three months from October 1, 2016 to December 30, 2016 by the purchaser (B and C).