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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 120,483,749 and the Plaintiff’s counterclaim from September 3, 2015 to November 3, 2016.
Reasons
1. Basic facts
A. On December 16, 201, between the Plaintiff and the Defendant, the Plaintiff concluded a sales contract between the Plaintiff and the Defendant to sell KRW 650,00,00 for the purchase price to the Defendant for KRW 1104, 1106 of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.
(hereinafter the above 1104 and 1106 referred to as "the instant 1104" and "the instant 1106," and "the instant 1106," and "the instant 1106," and "the instant 104 sales contract" are deemed to be "the instant real estate" and "the instant 1106, respectively.
On April 3, 2012, the Plaintiff completed the registration of ownership transfer on the ground of “trade as of March 15, 2012” (hereinafter “instant registration of ownership”). On the same day, the instant 1104 and the instant 1106 were delivered to the Defendant. However, even though the instant 1104 was unable to install cooking facilities, the instant 1106 was a building installed illegally, and the instant 1106 was a building subject to violation of the Fire Services Act because “Class I neighborhood living facilities (wons)” and “the instant 106 were registered,” and “the instant 1106 were a building subject to violation of the Fire Services Act without any emergency exit under the Fire Services Act.” The Plaintiff revoked the sales contract against the Plaintiff on the ground that the Plaintiff did not properly notify the Defendant of the current status of the illegal construction portion, and caused the Plaintiff to enter into the sales contract by deceiving the Defendant, by violating the duty of good faith required in the sale and purchase of real property, thereby cancelling the sales contract.