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1. The Defendant (Counterclaim Plaintiff) shared KRW 160,000,000 with respect to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on October 27, 2018.
Reasons
1. Facts of recognition;
A. On January 8, 2017, the Plaintiff entered into a contract with Defendant B for sale of KRW 266,00,000 of the purchase price of KRW 5th floor E of the building in Bupyeong-si. Defendant B completed the registration of ownership transfer on September 25, 2017 with full payment of the purchase price.
B. On January 17, 2017, the Plaintiff entered into a contract with Defendant B to sell the remainder of KRW 350,000,000 on the condition that the purchase price is KRW 390,000,000, and the down payment is paid at the time of the contract, and the remainder of KRW 350,000,000 is paid on May 15, 2018.
C. Since then, the purchase price of the instant real estate was changed to KRW 380,000. On April 23, 2018, Defendant B entered into an agreement that the Plaintiff will faithfully implement the above content within six months (hereinafter “instant agreement”). On April 23, 2018, Defendant B paid KRW 250,000 to the Plaintiff for the rent of KRW 285,00,000,00 in the remainder of the purchase price. In the event that the building E is leased to the Plaintiff, the remainder of KRW 20,000 shall be paid in preference to the Plaintiff, and shall be paid at least KRW 1,00,000 per month for one year from the date of occupancy.
On October 7, 2018, Defendant B entered into a lease agreement with G and lease deposit amounting to KRW 250,000,000 for the foregoing D building E, and from October 26, 2018 to October 25, 2020 for the term of lease, Defendant B paid KRW 125,00,000 for the Plaintiff out of the lease deposit received on October 8 and October 26, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts finding as to the claim on the main claim, Defendant B paid 2.5 million won as the deposit for the remainder of the purchase price of the instant real estate on April 23, 2018 as KRW 285,000,000, as the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the lease of D Buildings E. The remainder of KRW 35,000,000 among the remaining KRW 35,000,000,000 per month and KRW 15,000 per month were to be repaid within six months by Defendant C.