1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 2015 to May 17, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

The plaintiff is the previous owner of B forest B, B, B, and C, B,248 square meters (hereinafter collectively referred to as the "real estate in this case"), and the defendant is the execution company that has conducted the construction project of the apartment in Dong-si as the project site.

On November 5, 201, the Plaintiff entered into the first sale contract with the Defendant on November 5, 201, sold the instant real estate in KRW 1170 million, and the down payment with 10% of the purchase price is affixed and sealed by the entire props of the site subject to the business. The remainder is to be paid within 30 days after the Defendant acquired a building permit and entered into a sales contract with the content that the remainder is to be paid within 30 days when the buyer fails to perform his/her obligation to

The Defendant paid the Plaintiff the down payment of KRW 17 million according to the above contract, but even after obtaining business approval (building permission) around May 20, 2013, the Defendant did not pay the remainder within 30 days.

Accordingly, on October 23, 2013, the Plaintiff notified the Defendant of the fact that the contract was automatically rescinded if the Plaintiff did not pay any balance by October 31, 2013. Ultimately, on October 31, 2013, the contract was rescinded with the Defendant’s remainder payment.

Around August 2015, there was an agreement between the Plaintiff of the re-consultation on the purchase price and the Defendant to conclude a sales contract again with the purchase price as KRW 1.45 billion with respect to the instant real estate.

On October 31, 2015, the Plaintiff concluded a second sale contract to sell the instant real estate at KRW 1.98 billion to the Defendant (hereinafter “instant sale contract”) and concluded a second sale contract to sell the said real estate at KRW 1.1 billion (hereinafter “instant sale contract”), and concluded that the contract deposit amount of KRW 117 million received at the time of the first sale contract is the contract deposit of the second sale contract, and the remainder KRW 1.863 billion was paid on November 30, 2015 by the Plaintiff to complete the delivery of the instant real estate and the registration of transfer of ownership.

Accordingly, on November 30, 2015, the Plaintiff transferred the instant real estate to the Defendant, and completed the registration of ownership transfer in the name of the Defendant.