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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) on the map of 1,276 square meters (attached Form 2) prior to Seoyang-gu, Gyeyang-gu, Seoul (Seoul).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Since October 28, 1997, the Defendant owned the area of 1,276 square meters (hereinafter “instant land”) in Gyeyang-gu, Gyeyang-gu, Seoyang-gu (Seoul).
B. On October 22, 2015, the Plaintiff entered into a contract (hereinafter referred to as “instant contract”) with the Defendant to purchase the instant land from the Defendant in the purchase price of KRW 1.4880 million (a contract amounting to KRW 150 million shall be paid at the time of a contract, and an intermediate payment of KRW 400 million shall be paid at November 23, 2015, and the remainder of KRW 930 million shall be paid at December 21, 2015) with the Defendant. The Plaintiff entered into a contract (hereinafter referred to as “instant contract”) with the Defendant to purchase the land in the purchase price of the instant land in the form of the first sale contract (certificate No. 1; hereinafter referred to as “the first sale contract”) with the same content as the joint purchaser, and the Plaintiff and D respectively enter a special agreement with the first sale contract in the form of “the purchase price of trees (70 million)” in the form of a written confirmation of a land use plan, which appears to be a document attached thereto.
C. After the end of December 2015, the Plaintiff and the Defendant changed the method of paying the purchase price (the purchase price of KRW 1.480 million out of the purchase price shall be paid at the time of the contract, and the intermediate payment of KRW 1.50 million shall be paid at the time of the contract, and the intermediate payment of KRW 200 million shall be paid at the time of November 2, 2015, and the remainder of KRW 1130 million shall be paid at January 7, 2016, respectively) from the sale and purchase contract (However, the date of preparation shall be calculated retroactively on October 22, 2015. The second sale and purchase price of the second sale and purchase contract (hereinafter referred to as “second sale and purchase contract”) was written by the Plaintiff and D, respectively. The second sale and purchase price of the second sale and purchase contract of KRW 70 million shall be separately paid.
The second purchase and sale contract document shall be written.