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Attached Form
In relation to the real estate sales contract entered in the list of real estate sales contracts, the plaintiff (Counterclaim defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 13, 2014, the Plaintiff entered into the real estate sales contract with the Defendant to purchase the real estate listed in the list of the real estate sales contract attached to the Plaintiff (hereinafter “the first sales contract”).
The purchase price and payment under the first sale contract of the Plaintiff and the Defendant are as follows:
The Plaintiff appropriated KRW 2 billion for the contract deposit that the Plaintiff paid to the Defendant on February 28, 2013, which was set forth in the first sales contract.
Where the Plaintiff and the Defendant fail to pay the second down payment or remainder on the due date for the payment of the remainder of the first sale and purchase contract, the first sale and purchase contract is rescinded on the date following the due date for payment (Article 1(3)), but the payment date for the remainder may be extended only once for 60 days on the condition that the interest in arrears is paid in full during the period of 60 days prior to the due date for the payment (Article 1(4)). The interest is calculated at the rate of 11% per annum for the unpaid remainder during the period from the date following the due date for the payment of the remainder until the due date of 60 days (Article 1(5)). (b) The Plaintiff agreed to calculate the interest in arrears for the actual extended period at the time of the Plaintiff’s payment of the remainder (Article 1(2)14). The Plaintiff and the Defendant did not pay the second down payment or remainder to the Defendant on September 25, 2014 at the first sale and purchase contract for the first sale and purchase contract until the due date of 14.
In addition, the plaintiff added the defendant on September 25, 2014.