1. Defendant (Counterclaim Plaintiff) C: (a) each of the KRW 58,500,000 against the Plaintiff (Counterclaim Defendant) and its amount from September 6, 2017 to July 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On July 18, 2017, the Plaintiffs purchased F apartment 603 (hereinafter “instant apartment”) in Seoul, Gangnam-gu, Seoul, for KRW 1170,00,000,00 through the joint brokerage between E and Defendant D, who was requested brokerage from the Plaintiffs, and Defendant C, and paid KRW 117,00,000 to Defendant C on the same day, the down payment of KRW 117,000,000 on the contractual date, and the intermediate payment of KRW 700,000 on the contractual date, and the intermediate payment of KRW 353,00,000 on the repayment of the lease deposit to the lessee, and the remainder of KRW 353,00,000 on September 14, 2017 (hereinafter “instant sales contract”).

On August 14, 2017, the Plaintiffs submitted the instant complaint to this Court stating that “The instant sales contract was revoked due to fraud under Article 110 of the Civil Act or mistake under Article 109 of the Civil Act,” and the duplicate of the instant complaint was served on the Defendant C on September 5, 2017.

On April 5, 2018, the Plaintiffs: (a) rescinded the instant sales contract on the ground that it was impossible to perform the obligation of Defendant C with respect to the instant sales contract; (b) notified Defendant C to deliver the instant apartment without any defect until May 4, 2018; and (c) submitted a preparatory document stating that the instant sales contract shall be rescinded upon the expiration of the said period if the supply for performance was not made within the said period. The said preparatory document was served on the same day on the same day.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire pleadings by the plaintiffs' claim against defendant C as to the plaintiffs' claim for judgment on the main claim against defendant C at the time of conclusion of the contract of this case, the defendant C merely accepts the plaintiffs' claim for the water leakage issue of the apartment of this case through "bera and outer walls."