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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
Reasons
1. Facts of recognition;
A. On July 27, 2009, C, a sale contract between C and the Defendant, the Plaintiff’s joint and several sureties, and disputes related thereto, etc., selling a sale right of KRW 50 million to the Defendant with respect to the share of KRW 2,241 square meters among the apartment units within the E district in the broad name city where the Korea Land and Housing Corporation pays as compensation to the Defendant and the Defendant, and with respect to the share of KRW 2,241 square meters among the apartment units within the area in the broad name city where the Korea Land and Housing Corporation pays as compensation (hereinafter “instant sale contract”).
(2) The Defendant paid C KRW 50 million by August 1, 2009 as the down payment and remainder of the instant sales contract.
However, on August 4, 2009, C notified the Defendant that the instant sales contract would be cancelled on the ground that it is a contract regarding an area where the resale right is restricted, and on August 13, 2009, C deposited the purchase price of KRW 50 million received from the Defendant as the principal deposit.
However, the defendant did not receive the deposit by asserting that the contract of this case is valid, and the dispute between C and the plaintiff was commenced.
B. On September 30, 2009, the Defendant issued a provisional injunction against the provisional injunction against the selling of apartment units 1) Seoul Eastern District Court 2009Kahap2377 on the provisional injunction against the selling of apartment units 1) on September 30, 2009, the Defendant issued a provisional injunction against the selling of apartment units 116 Dong 1201, which C had against the Korea Land and Housing Corporation. 2) On October 5, 2009, the Seoul East East District Court 2009Kadan1132 provisional attachment against the Plaintiff on September 22, 2009, the Defendant filed a provisional injunction against the selling of apartment units 117 Dong 602 (hereinafter “the instant apartment units”) with the Plaintiff as the preserved right, and filed a provisional attachment against the Plaintiff on September 22, 2005.