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1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 200,000,000 to the Defendant (Counterclaim Plaintiff) from May 3, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Seongdong-gu Seoul Metropolitan Government Land for Factory (hereinafter “instant real estate”) with respect to real estate sharing is jointly owned by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) with shares 223/591.1, D’s shares 184.05/591.1, and E’s shares 184.05/591.1.1.
B. On April 20, 2017, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a contract with the Plaintiff to purchase a total of 737.2 square meters of the instant real estate and 747.11 square meters of land and its ground building 647.93 square meters of a total of 737.9 square meters of the instant real estate, Seongdong-gu Seoul, Seoul, with a total of 9.9 square meters of land and its ground building at KRW 7.458 million (hereinafter “instant sales contract”).
The main contents thereof are as follows:
Article 2 (Methods and Timing for Payment of Price)
1. The defendant shall pay the purchase price to the plaintiff in the following time and manner:
The remainder of Article 2 (2) of the cost of payment of KRW 7.458 billion in total at the time of division, KRW 7.44 billion in total, KRW 7.7 billion in total, KRW 18 billion in December 15, 2017.
2. Of the down payment, KRW 100 million shall be paid on the contract date and the remainder of the down payment shall be deposited in the Plaintiff’s bank account by June 15, 2017.
Article 7 (Cancellation, etc. of Contracts)
1. This contract shall not be rescinded within a period of six months, except for any cause attributable to either of the parties or any natural disaster.
2. Where the plaintiff cancels the contract under Article 7(1) due to a cause attributable to the defendant, the down payment shall belong to the plaintiff.
3. In a case where the defendant cancels the contract under Article 7(1) due to a cause attributable to the plaintiff, the plaintiff shall compensate for the double of the down payment received from the defendant.
Article 15 (Matters of Special Agreement)
1. If the approval of the division of co-ownership of this piece of land, which is the subject matter of sale, becomes known by June 15, 2017, KRW 100,000,000 paid as down payment, shall be returned to the Defendant without compensation.
However, the division of co-ownership shares shall be made by the relevant agency with the matters to be approved by the relevant agency.