1. 원고(반소피고)는 피고(반소원고) 주식회사 굿윌자산관리에게 101,000,000원 및 이에 대하여...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Alternative Development Co., Ltd. (hereinafter “Alternative Development”) completed the registration of ownership transfer based on sale on June 4, 2002 with respect to the land No. 1 of this case on May 4, 2004, and completed the registration of ownership transfer based on sale on April 26, 2004 with respect to the land No. 2 of this case on October 1, 2003.

B. On June 5, 2006, alternative development obtained approval from the Busan Seo-gu Office to revise the project plan to build 5 Dong 64 housing units on the ground of the instant land Nos. 1 and 2 (hereinafter “instant building”), and then started construction of the instant building on or around September 30, 2007 and continued construction of 98.6% as of September 30, 2008. However, construction was discontinued for reasons such as shortage of funds.

C. On November 14, 2007, when alternative development did not pay the property tax, etc., the Busan Seo-gu Office seized the instant land No. 1. The Korea Asset Management Corporation conducted the public sale procedure on the instant land No. 1 at the request of the Busan Seo-gu Office on December 2009. The Defendant Company purchased the instant land No. 1 during the public sale procedure on March 26, 2010 and completed the registration of ownership transfer on April 1, 2010.

In addition, on February 7, 2011, Defendant A completed the registration of ownership transfer on the land of this case on January 26, 201 due to the sale by voluntary auction. D.

On December 13, 2011, the defendant company filed a lawsuit seeking removal, etc. of the building of this case against alternative development (U.S. District Court 2010Kahap20191) and received a favorable judgment, and instead filed an appeal (Seoul High Court 2012Na10562), but on June 20, 2012, the judgment dismissing the appeal became final and conclusive on July 7, 2012.

E. On December 16, 2013, the Plaintiff purchased the instant land Nos. 1 and 2 in KRW 4.5 billion with the Defendant Company, but the down payment of KRW 450 million is KRW 4.5 billion with the remainder of KRW 4.05 billion with the contract at the time of the contract, the Plaintiff made a decision on the instant provisional disposition case in progress by the Defendant Company ( Busan District Court 2013Kadan9532).