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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is attached to the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On May 30, 2017, the Plaintiff purchased real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from the Defendant in the purchase price of KRW 1,270,00,000,000, the down payment of KRW 50,000 for the first intermediate payment of KRW 50,000 for the first intermediate payment of KRW 50,000 until June 1, 2017, and the second intermediate payment of KRW 50,000 for the second intermediate payment of KRW 1,120,000 for the remainder payment of KRW 1,120,000,000 until February 20, 2018. However, the Plaintiff concluded a sales contract with the Defendant for the payment of KRW 320,00,000 for the leased property indicated in the separate sheet of paragraph (2) in lieu of the maximum debt amount of KRW 50,500,000 for the leased property, and KRW 4005,005,0000.
(hereinafter “instant sales contract”). The terms and conditions of the instant sales contract include a clause stating that “the relationship between the terms and conditions to succeed to the matters subject to the establishment of a collateral security shall be agreed to comply with the terms and conditions on the part of the relevant bank.”
B. On May 30, 2017, the Plaintiff paid 45,000,000 won among down payment of KRW 50,000,000, and the remainder of KRW 5,000,000 on May 31, 2017, respectively. On June 1, 2017, the Plaintiff paid KRW 50,000 of the intermediate payment, and KRW 50,000 of the intermediate payment on June 5, 2017, respectively.
C. On February 14, 2018, the Plaintiff entered into the instant contract with the Defendant on the ground that “The obligation of the instant real estate as security was fully succeeded without repayment of the loan,” which was under the loan provision at the time of the instant contract. On January 2018, the Plaintiff’s succession to the loan was impossible if it was to repay at least 130,000,000 won out of the existing loan obligation after the date of the instant contract. Such amendment of the loan provision is an unexpected situation for both the Defendant and the Plaintiff to terminate the contract due to the shortage of the Plaintiff’s acceptance.