1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.

1. We examine, ex officio, whether the counterclaim in this case is legitimate or not.

A counterclaim can be filed by the time the argument of the appellate court, which is a fact-finding court (Article 269(1) of the Civil Procedure Act), and it is evident in the record that the Defendant filed the instant counterclaim only after the closing of argument in the trial court. As such, the instant counterclaim is unlawful.

In spite of an order to prepare for a party member, the defendant's attorney was absent on the date of pleading after submitting the statement of reasons for appeal at the date of pleading (However, the defendant's manager was present), and applied for resumption of pleading at the same time after submitting the reference document after closing of argument, and the defendant submitted a counterclaim at the same time when filing an application for resumption of pleading through another attorney appointed additionally. The defendant did not appear to have followed the conclusion of this case, which is seen below even if examining the contents of the argument and the attached documents, and therefore it seems that it is unnecessary to resume the pleading and further examine it, and it seems that the time limit is in accordance with Article 149

2. Determination as to the claim on the principal lawsuit

A. Fact 1) The Plaintiff as a party to the status of the Plaintiff is the “B” of the 8th underground floor and the 19th ground surface size constructed on the Gangnam-gu Seoul Metropolitan Government and 4 lots (hereinafter “B”).

2) The Plaintiff’s business owner is the executor of the sales business, and the Defendant is the Plaintiff’s real estate indicated in the attached Form B’s “Real Estate Indication” (hereinafter “instant commercial building”).

(2) On December 11, 2013, the Plaintiff entered into a sales contract with the Defendant for the sales of the instant commercial buildings (i.e., the remainder of KRW 289,200,000 intermediate payment of KRW 289,200,000 (i.e., the remainder of KRW 72,300,000 intermediate payment of KRW 281,50,000) (hereinafter “sale contract in this case”).

B) The Defendant’s down payment, intermediate payment, balance, and each payment period set forth in the instant sales contract are as follows.

[Attachment 1] The down payment first.