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1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 1, 201 to April 11, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 12, 2009, the Plaintiff, C, and D entered into a sales contract with the Defendant for the purpose of real estate development, etc. under the name of the Plaintiff with the content that the Defendant would settle down the down payment and the intermediate payment with the financial loans and the individual rent, and the remainder that would be settled after completion of the project.
B. On June 29, 2009, the Plaintiff purchased from K (i.e., L: hereinafter “K”) a building of H large scale 589 square meters and its ground, and I large scale 292 square meters (hereinafter “instant J real estate”), and completed the registration of ownership transfer in the name of the Plaintiff on July 17, 2009.
C. After that, the Plaintiff, the Defendant, and C did not smoothly proceed with the instant G real estate development project, and there were difficulties in paying interest on loans, thereby consulting for solutions.
Accordingly, on November 3, 2010, C prepared a confirmation document stating that “C succeeds to all rights regarding the instant G real estate sales contract by the purchaser and the Defendant, who is the seller, and the Plaintiff shall pay the Plaintiff KRW 60,000,000 to K for the reason of termination of agreement, on the condition that the Plaintiff transfers the ownership of the instant J real estate to K for transfer of ownership or transfer of ownership to the Defendant, and on the condition that the real estate is transferred to the Defendant, and the Defendant also signed and sealed the letter.
In addition, on the same day, the Plaintiff prepared a written waiver (Evidence B) to the Defendant, stating that “The Plaintiff waives all the rights of the purchaser of the G real estate in this case, transfers it to C, and agrees to transfer the ownership to K on the ground of termination of agreement, and transfer the ownership to the Defendant without any condition,” and the Defendant has “the Defendant” to the Plaintiff.