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1. The part concerning the principal lawsuit in the judgment of the first instance shall be revoked;
2. The plaintiff (Counterclaim defendant)'s primary claim on the principal lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
On March 12, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 190,00,000 (hereinafter “instant contract”) by aggregating all the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and the land listed in the separate sheet (hereinafter “each of the instant real estate”) and the unauthorized buildings constructed on the ground of seven parcels (hereinafter “instant unauthorized buildings”) adjacent thereto, on a total of the seven lots of land H, I, and J, in order to purchase at KRW 190,000,000, and paid the Defendant the remainder payment of KRW 30,000,000 on the same day, and the remainder payment of KRW 160,00,000,000 by April 11, 2014.
Land Nos. 1, 2, 3, and 6 among each real estate of this case is farmland under the Farmland Act.
Of each real estate of this case, part of the instant unauthorized building was constructed on the ground of the land Nos. 1, 2, 3, and 6, and concrete packaging is made on the ground of the land No. 1, 2, 3, and 6. In order for the Plaintiff to obtain the qualification certificate for acquisition of farmland as farmland under the Farmland Act, all of the above building and concrete packaging parts must be restored to farmland.
The Plaintiff restored each of the above lands to the Defendant to obtain a qualification certificate for acquisition of farmland necessary for the acquisition of the land located in 1, 2, 3, and 6 (hereinafter “each of the instant farmland”), among the instant real estate, and changed the reconstruction of the building and concrete subdivision after the execution of the contract. However, the Defendant rejected the reconstruction of the building and concrete subdivision.
Accordingly, on April 14, 2014, the Plaintiff notified the Defendant of his intention to cancel the instant contract.
After entering into the instant contract, the Plaintiff spent KRW 8,404,820 to repair each of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 7, Eul evidence 18 to 23, and 26 to 29 respectively.