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1. The Plaintiff (Counterclaim Defendant) receives KRW 10,000,000 from the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. Nonparty C requested a compulsory auction on June 27, 201, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant and D 2,028 square meters and E 2,000 square meters (hereinafter “each of the instant real estate”) located in the Gandong-gun, Jeonbuk-gun-gun, and the compulsory auction order was issued on June 27, 2013.
B. Accordingly, the Defendant filed a lawsuit of demurrer against C, and applied for the suspension of compulsory execution. On October 24, 2013, the Jeonju District Court ordered C to deposit KRW 70,000,000 within seven days for the suspension of compulsory execution.
C. The Defendant, who did not have any capacity to engage in the funds, did not deposit the said KRW 70,00,000, and the auction continued to progress. The Defendant, for the purpose of raising funds to suspend compulsory execution by the above Section, completed the registration of ownership transfer for each of the instant real estate and separate real estate to Nonparty F on November 22, 2013, the former District Court’s Office of fact-finding (No. 1001) received on October 222, 2013, and completed the registration of ownership transfer for the reason of sale and purchase on October 22, 2013. The Defendant and F did not prepare funds for the suspension of compulsory execution by other creditors than C, but the Defendant and F did not agree on the said sales contract with respect to each of the instant real estate and revoked the registration of ownership transfer.
The Defendant and F still decided to sell each of the instant real estate and separate real estate to the Plaintiff. On December 16, 2013, the Plaintiff and the Defendant entered into a sales contract with the purchase price of KRW 120,000,000 (hereinafter “instant sales contract”) with respect to each of the instant real estate. As to each of the instant real estate, the Plaintiff and F entered into a sales contract with the purchase price of KRW 90,000,000 (hereinafter “ separate sales contract”).
E. At the time of the instant sales contract, the Plaintiff concluded the down payment to the Defendant 10,000.