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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is attached to the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. On January 2014, the Defendant introduced the real estate in the attached list owned by the Plaintiff, etc. (hereinafter “instant real estate”) from D real estate E located in Gyeyang-gun C of Gyeonggi-do, and confirmed the Plaintiff’s representative director F of the Plaintiff’s representative director, or all the matters necessary for operating the music car on the instant real estate.
B. On February 6, 2014, the Plaintiff entered into a sales contract with the Defendant and the instant real estate (i.e., KRW 550,00,000,000 in total) with respect to the purchase price (i.e., KRW 500,000 in land; KRW 50,000,000 in total); and (ii) payment method of KRW 10,000 in a down payment is paid at the time of the contract; and (iii) the remainder of KRW 540,00,000 in a payment period after the Defendant’s acquisition and transfer of the instant real estate (hereinafter “instant sales contract”); and (iv) under a special agreement, the instant sales contract was concluded on the condition that loans of KRW 500,00,00 in the instant real estate take place as a secured loan, on condition that the said matters are not fulfilled. The seller may actively cooperate with the seller.
C. At the time of the conclusion of the instant sales contract, the Defendant paid KRW 10,000 to the Plaintiff as down payment. On March 26, 2014, the Defendant settled the collateral security right and loans, etc. on the instant real estate with the Plaintiff and confirmed that the remainder of the instant sales contract would have been paid KRW 410,000,000 among the remainder of KRW 540,000,000, and only KRW 130,000 remains. As to the instant real estate, the ownership transfer registration and the establishment registration of the neighboring mortgage (hereinafter “instant ownership transfer registration and the establishment registration of the neighboring mortgage”).
After the sales contract of this case, the Korea Electric Power Corporation was implemented on the G land of Gyeyang-gun, Gyeonggi-do, the neighboring real estate of this case.