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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) A.
Reasons
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Facts of recognition;
A. On April 9, 2015, Plaintiff A, as the agent of Plaintiff B, sold to the Defendants the total purchase price of KRW 5.643 billion (hereinafter “third real estate”) of KRW 4,608 square meters and its ground buildings prior to G in Jeju-si and KRW 694 square meters prior to E (hereinafter “second real estate”) and KRW 602 square meters of forest land owned by Plaintiff B (hereinafter “third real estate”) in total, at Jeju-si, KRW 5.6443 million (in setting the purchase price, agreement is deemed to have been reached to have been reached to have KRW 3.2 million per large square, when setting the sale price).
(hereinafter “instant sales contract”). B.
However, for the purpose of reducing the transfer income tax, etc. accruing from the transfer of 2 and 3 real estate, each sales contract stating the amount lower than the actual purchase price for 2 and 3 real estate separately from 1 real estate was prepared.
Each sales contract shall contain the following descriptions as to the purchase price and the date of payment:
The remainder payment date of the purchase price of the subject matter of sale and the remainder payment date of the purchase price of the subject matter of sale and the real property KRW 4.36 billion on June 30, 2015, KRW 3.92 billion on June 30, 2015, KRW 2.52 billion on June 25, 2015, KRW 25.2 billion on June 6, 2015, KRW 3 real property KRW 240 million on June 24, 2000, KRW 6.8 million on June 30, 2015.
C. At the time of the instant sales contract, the Defendants drafted a cash storage certificate stating that the difference between the actual purchase price of KRW 5.64 billion and KRW 4.852 billion on the contract amount (i.e., KRW 4., KRW 4.660 million) and KRW 252 million on the contract amount (i.e., KRW 4., KRW 250 million), would be KRW 790,000,000,000 for KRW 790,000,000,000 for KRW 5.643 billion and June 30, 2015.
On the same day, the Defendants paid the Plaintiff A KRW 490 million as the down payment under the instant sales contract.
Accordingly, on April 9, 2015, Plaintiff A received KRW 790,000,000,000 from the lower end of the cash storage certificate received from the Defendants.
“....” The 4.8 million won is entered in each sales contract with the actual down payment of KRW 490 million and each sales contract.