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1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 20, 2014 to September 30, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 10, 2013, the Plaintiff concluded a joint purchase agreement (hereinafter “instant agreement”) with the Defendant to jointly purchase the instant real estate by introducing the Defendant from C on October 1, 2013 and bearing 1/2 of the purchase price and incidental expenses, under the status that Pyeongtaek-si E-si and 812 square meters (hereinafter “instant real estate”) were to purchase the instant real estate from D as a broker, and paid KRW 40,000,000 as the provisional contract amount.
B. On October 1, 2013, the Plaintiff and the Defendant concluded a sales contract with D with respect to the instant real estate purchase price of KRW 804,00,000 (hereinafter “instant sales contract”). On the same day, the Defendant paid to D the remainder of KRW 60,000,000, excluding the provisional contract deposit of KRW 100,000,000, which the Plaintiff paid in advance.
C. On November 15, 2013, the remainder payment date of the instant sales contract, the Plaintiff and the Defendant: (a) registered the instant real estate in the name of the Defendant; (b) changed the buyer to Defendant 1 as the seller; and (c) changed the remainder payment date to November 28, 2013; and (d) drafted a new sales contract.
Accordingly, the Defendant completed the registration of ownership transfer under the name of the Defendant for the instant real estate on November 28, 2013, and received the instant real estate as collateral and paid to D the remainder of KRW 704,00,000 for the instant sales contract.
The Defendant fully borne all of the expenses incurred in the process of acquiring the instant real estate, such as brokerage commission, registration fee, acquisition tax, etc., and thereafter, paid interest arising from the instant real estate security loan, and subsequently disposed of the instant real estate in KRW 763,80,000 around October 22, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 shall include the number, below.