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1. The Plaintiff (Counterclaim Defendant) paid KRW 34,696,328 to the Defendant (Counterclaim Plaintiff) and its related amount from April 28, 2018 to August 29, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 18, 2017, the Plaintiff and the Defendant entered into a sales contract with the Plaintiff on the day of the contract, the intermediate payment of KRW 300 million on May 18, 2017, and the remainder amount of KRW 2.165 billion on June 20, 2017, on each of the following grounds: (a) the Plaintiff purchased the instant building at KRW 3.165 million, which combines the said land and buildings into “each of the instant real estate”; and (b) the Plaintiff purchased only the said building at KRW 3.165 million; and (c) the Plaintiff entered into the sales contract with the Plaintiff on June 20, 2017: (a) the remainder amount of KRW 2.165 million on each of the remainder amounts of KRW 2.185 million on each of the instant building; and (b) the Plaintiff acquired the Plaintiff’s obligation to refund the lease deposit equivalent to the amount of the lease deposit to the lessee of the instant building (hereinafter “instant sales contract”).
Until June 20, 2017, the outstanding payment date, the Plaintiff paid to the Defendant the remainder after deducting the amount equivalent to KRW 185 million equivalent to the lease deposit that the Plaintiff intended to acquire from the Defendant from totaling KRW 3.1665 million, and completed the registration of transfer of ownership in the name of the Plaintiff on June 20, 2017.
B. The obligation to refund the lease deposit with KRW 185 million, to be deducted from the purchase price of each of the instant real estate, consists of KRW 80 million for the first floor of the instant building, KRW 50 million for the lease deposit with respect to KRW 4,000 for the first floor of the instant building, and KRW 100 million for the lease deposit with respect to the second floor of the instant building. The lease contract with respect to the second floor of the instant building (hereinafter “instant lease contract”) decided on August 22, 2015 to be concluded between January 30, 2015 and January 29, 202 by the Defendant to KRW 50 million for the lease deposit from January 30, 2015 to January 29, 2017, KRW 100 million for the lease deposit with respect to KRW 300,000,000 for KRW 300,000 from January 29, 2017.
However, the defendant is above.