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1. The down payment of KRW 100 million under the exchange contract on March 4, 2014 to the Defendant (Counterclaim Plaintiff) by the Plaintiff (Counterclaim Defendant).
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. On July 28, 2003, Defendant C completed each registration of the transfer of ownership with respect to the building of 94 square meters in Seoul Special Metropolitan City, Nowon-gu D (hereinafter “D”) on December 4, 2003 with respect to F large scale 47 square meters on December 4, 2003, G large scale 1 square meters on January 11, 2005, and completed registration of the preservation of ownership with respect to the four-story building of reinforced concrete structure on each of the above sites on June 2, 2005.
On September 22, 2014, Defendant C transferred the ownership of each of the above lands and buildings to one asset trust company on September 22, 2014.
B. On September 22, 2014, Defendant B transferred ownership on the ground of trust with respect to H 579 square meters owned by Han Asset Trust Co., Ltd.
C. On March 4, 2015, the Plaintiff and the Defendants concluded an exchange contract with the following terms (hereinafter “instant exchange contract”) as a broker of Samsung A&D Real Estate Stock Company.
[Real Estate Exchange Contract] The location of the defendants' goods
1. Nowon-gu in Seoul Special Metropolitan City H
2. A description of the articles G, F, and E exchanged in Seoul Special Metropolitan City, Nowon-gu;
1. A building of 579 square meters in a site;
2. The Plaintiff shall pay the remainder of the exchange difference to the Defendants under an agreement between the parties to the said exchange contract and the remainder of the exchange difference to the extent that the agreement is made between the parties to the contract on the said exchange contract and the Plaintiff shall pay the remainder of 4,434 square meters of the land describing the exchange goods (803 square meters of the land, S, T, U, V, W, X, X (803 square meters of the land, and Article 1 of the aggregate of 803 square meters of the land, which is located in the place of the Plaintiff’s goods, 142 square meters of the land, J (619 square meters), K (69 square meters), L (50 square meters), M (9 square meters), N (91 square meters), P (243 square meters), P (243 square meters), P (824 square meters), and Q (603 square meters of the land, which is located in the place of 308 square meters of the land, and the Plaintiff shall not pay the intermediate payment to the Defendants.
Article 6. The Defendants or the Plaintiff shall be discharged from the obligation under this Agreement.