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1. The Defendant (Counterclaim Plaintiff) receives KRW 120,317,000 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed to be filed together.
1. Facts of recognition;
A. On February 3, 2002, the Defendant purchased 1,482 square meters (hereinafter “instant land”) located in the land transaction permission zone, and completed the registration of ownership transfer on February 15, 2002. On December 9, 201 and January 4, 2012, the Defendant completed each maximum debt amount of KRW 420,00,000 and KRW 112,00,000,000 for each limited partnership savings bank (hereinafter “Yjin Savings Bank”) under the name of each limited partnership savings bank (hereinafter “Yjin Savings Bank”) with respect to the said land. The Defendant completed the registration of ownership transfer on February 15, 200, under the name of each limited partnership savings bank (hereinafter “Yjin Savings Bank”), one and the second-class debtor having become the Defendant.
(The sum of the secured liabilities of the above-mortgage is KRW 380,000,000).
On November 12, 2012, the Plaintiffs entered into a sales contract with the Defendant to purchase the instant land at KRW 896,000,000 (hereinafter “instant sales contract”). The key contents are as follows.
Article 1 (Sale Price) (1) The buyer (referring to the plaintiff) shall pay the sale price to the seller (referring to the defendant) as follows:
- Total purchase price of 896,00,000 - down payment of 20,000 won - down payment of 50,000,000 won for the first intermediate payment of 50,000,000 won for November 7, 2012, and the second intermediate payment of 350,000,000 won for the second intermediate payment of 350,000,000 shall be paid on November 12, 2012, and the third intermediate payment of 50,000,000 won shall be paid on November 16, 2012, and 4th intermediate payment of 4,000,000 won shall be paid on November 24, 2012, and the remainder of 380,000,000 won shall be lent for bank loans.
(1) Article 2 (Transfer and Delivery of Ownership) (1) of the Act provides that “The Plaintiff shall, in lieu of the payment of the remainder, take over KRW 380,000,000 in total, the secured debt of the first and second collateral security against the instant land to the Young Savings Bank.”
Provided, That the following cases shall apply where the seller and the buyer separately determine as follows:
(2) The date on which the transfer of ownership is required: Six months after the conclusion of a contract.