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1. The defendant (Counterclaim Plaintiff)-Counterclaim filed by this Court shall be dismissed.
2. Defendant B, as to the principal claim.
Reasons
1. As to the principal claim
A. Basic facts (1) On December 17, 2015, the Plaintiff: (a) sold to the co-defendant C and E of the first instance trial on three lots other than the F of Gangwon-do, Gangwon-do, the sum of No. 1001 through 1005, and No. 1101 through 1105, and No. 1105, of the 11th floor (hereinafter “instant apartment”) at KRW 550,000,000 for the sales price; and (b) sold the down payment at KRW 70,000,000 on the date of the contract, the remainder of KRW 480,000,000 can be paid at the time of filing an application for the registration of ownership transfer in the name of the seller after completion of inspection; (c) the buyer renounced the down payment and concluded a sales contract to the effect that the seller may unilaterally rescind the contract (hereinafter “instant sales contract”).
Since then, E transferred the status of purchaser under the above sales contract to Defendant D, and the Plaintiff did not raise any special objection thereto.
Since both the Plaintiff and Defendant D recognize that they are parties to the instant sales contract in this case, they are recognized as above.
(2) On June 29, 2016, the Plaintiff received a request from Defendant D, C, and E for a transfer of ownership prior to obtaining a completion permit. On July 7, 2016, the Plaintiff newly prepared a sales contract with the Defendant D, C, and E for each of the real estate listed in the separate sheet and received KRW 50 million out of the purchase price. On July 21, 2016, the Plaintiff completed the registration of ownership transfer with respect to each of the above real estate under Defendant D and C’s name.
(3) As Defendant D and C did not pay any balance within one year, which is the remainder payment deadline stipulated in the instant sales contract, the Plaintiff’s rescission of the contract in the event that Defendant D and C paid any balance under the instant sales contract to Defendant D and C by December 8, 2016 and the said payment date is not made by the said payment date.