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1. The Defendant (Counterclaim Plaintiff) paid KRW 2,804,810 to the Plaintiff (Counterclaim Defendant) and its related amount from January 1, 2014 to September 25, 2014.
Reasons
1. Basic facts
A. The Defendant purchased F’s land, which was owned by the Defendant, on the G and H ground owned by the Defendant in the vicinity, but did not have the funds.
Accordingly, the Defendant and F, instead of purchasing the E land, provided roads to F to the above E land, and F transferred 50 of the above E land to the Defendant.
However, as the plaintiff purchased the above E land to F, the plaintiff and the defendant agreed on May 25, 199 and authenticated as follows.
The plaintiff transferred to the defendant 50 square meters out of the land Samsi-si E.
The defendant shall pack up to four meters in width of the defendant's land in return for the above consideration, and make the plaintiff use the land permanently as a road.
The above fifty minutes passed by the plaintiff to the defendant shall be transferred in installments by the defendant, and when the defendant sells the defendant's land, it shall be transferred in accordance with the letter of agreement and shall be sold.
B. However, the Plaintiff, on August 5, 1999, agreed on August 5, 199, as follows, if it was revealed that the new house built by the Defendant exceeded 50 square meters agreed in the paragraph (a).
(hereinafter referred to as “instant exchange contract”). approximately 230 square meters (attached Form A) out of the land owned by the Plaintiff and approximately 130 square meters (attached Form 2 cadastral map B) out of the land owned by the Plaintiff and approximately 130 square meters (attached Form 2 cadastral map B) out of the land owned by the Defendant at Chicago-si.
C. On August 5, 1999, the Plaintiff and the Defendant concluded the following sales contract in accordance with the above exchange contract:
The purchase price of approximately KRW 130,00,000 for the purchase price of approximately 230,000 for the land E (attached Form 2 cadastral map A), and the part that the defendant requires shall be divided, and the defendant's 50,000,000 for the transfer period prior to the 230,000 shall be the joint use of the road.
The purchase price of KRW 130,00,000 for the purchase price of KRW 130,000 for 130,000 (attached Form 2) out of the land I in Yongsan-si, and the defendant shall be the person who wishes to be