1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 31, 2014 to June 1, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 25, 2014, the Plaintiff entered into a sales contract with the Defendant to sell KRW 70,000,000 with respect to the purchase price of KRW 1624,80,00 (hereinafter “instant real estate”) owned by the Plaintiff at KRW 1624,80,000 (hereinafter “instant sales contract”). On the date of the contract, KRW 50,000,000, the remainder amount was paid on December 30, 2014 from the Defendant, but the Defendant agreed to acquire KRW 15,00,000,00 for the secured debt of the right to collateral security established on the instant real estate, and deduct it from the purchase price.

B. According to the instant sales contract, the Plaintiff received 50,000,000 won as down payment under the instant sales contract from the Defendant, and completed the registration of ownership transfer concerning the instant real estate on September 30, 2014.

C. However, the Defendant did not take over the secured obligation of the right to collateral security under the instant sales contract, and the Plaintiff repaid KRW 15,000,000 on August 19, 2015.

Meanwhile, at the time of entering into the instant contract, the area near half of the instant real estate was designated as a predetermined river land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the remainder amount of KRW 20,000,000 under the instant sales contract, and delay damages therefor, unless there are special circumstances.

B. As to the Defendant’s assertion, the Defendant purchased the instant real estate for new construction of a building. Although there exists a defect that has been incorporated into a predetermined river land near half of the instant real estate at the time of the conclusion of the instant sales contract, the Plaintiff did not notify the Defendant thereof, and deceiving the Defendant.