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1. The Defendant (Counterclaim Plaintiff) paid KRW 8,308,040, respectively, to the Plaintiff (Counterclaim Defendant) and the amount from November 15, 2013 to October 2014.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and Eul evidence 37-1 and the whole purport of the pleadings:
After becoming aware of the Defendant, the Plaintiffs were married with D through D, and the Defendant solicited the purchase of 159 square meters of Seoul Mapo-gu Seoul Mapo-gu Seoul and 159 square meters and its ground reinforced concrete building (hereinafter “instant real estate”) owned by the Defendant, and delegated the Defendant to purchase the instant real estate.
B. On November 19, 2006, the sales contract for the instant real estate was concluded between the Defendant who represented the Plaintiffs and G who represented the Plaintiffs, and the sales contract drafted at the time stated the sales price of the instant real estate in KRW 750,00,000, and the buyer concluded a special agreement to succeed to the lease relationship with the lessee of the instant real estate on the other hand.
C. From November 19, 2006 to December 28, 2006, the Plaintiffs paid a total of KRW 327,000,000 to the Defendant with the purchase price of the instant real estate.
On December 29, 2006, the Plaintiffs completed the registration of ownership transfer with respect to each of 1/2 shares out of the instant real estate.
2. Determination on the main claim
A. The gist of the plaintiffs' assertion 1) At the time of the plaintiffs' purchase of the real estate of this case, the defendant paid 327,000,000 won out of the actual purchase price of this case 398,50,000 won, subtracting the lease deposit amount of 452,00,000 won which the plaintiffs agreed to acquire from 850,000,000 won among the above actual purchase price of this case, since the plaintiffs later confirmed that the actual purchase price of this case was KRW 750,000,000, the defendant should have been paid to the plaintiffs according to the above actual purchase price of this case (=750,000,000,750,0000 won which the plaintiffs should have been paid to the plaintiffs (=750,000,0000,000 won) and the defendant already paid to the plaintiffs according to the above actual purchase price of this case.