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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:
Reasons
1. Basic facts
A. The Plaintiffs are married couple, and become aware of the Defendant, who is D’s colon, through D, solicited the purchase of F&159 square meters and five-story detached houses owned by the Defendant, Mapo-gu Seoul, Seoul, and its ground reinforced concrete structure (hereinafter “instant real estate”), and delegated the purchase of the instant real estate to the Defendant.
B. On November 19, 2006, the sales contract for the instant real estate was concluded between the Defendant who represented the Plaintiffs and G who represented the Plaintiffs, and the sales contract drafted at the time stated KRW 750,000 as the sales price for the instant real estate was KRW 750,000, and the purchaser stated a special agreement that the buyer shall succeed to the lease relationship with the lessee of the instant real estate.
C. From November 19, 2006 to December 28, 2006, the Plaintiffs paid a total of KRW 327,000,000 to the Defendant with the purchase price of the instant real estate.
On December 29, 2006, the Plaintiffs completed the registration of ownership transfer with respect to each of 1/2 shares out of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 37-1, the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiffs asserted 1) at the time of purchasing the real estate of this case, the defendant paid 327,000,000 won out of the actual purchase price of this case, subtracting 452,000,000 won of the lease deposit, which the plaintiffs decided to acquire from 850,000,000 won, since the plaintiffs later confirmed that the actual purchase price of this case was KRW 750,000,000,000, the defendant paid 327,000,000 of the purchase price of this case to the plaintiffs. Accordingly, the defendant had already paid 298,50,000,000 won to the plaintiffs according to the actual purchase price (=750,000,0000,750,0000,0000 won and 327,000,0000 won and 327,000,000 won already paid to the plaintiffs.