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1. The judgment of the first instance shall be modified as referred to in paragraph (2);
2.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be the Plaintiff (Counterclaim Defendant), 1.
Reasons
1. Basic facts
A. The Plaintiffs were co-ownership owners of the building D and its ground (hereinafter “instant housing”) in the Goyang-dong-gu, Ilyang-si, Busan-si, and the Defendant was the owner of the real estate indicated in the attached Table (hereinafter “instant commercial building”).
B. On October 13, 2012, Plaintiff A entered into a contract with the Defendant to evaluate and exchange the sales price of the instant housing and the instant commercial building at KRW 700,000,000, respectively (hereinafter “instant exchange contract”).
The instant exchange contract contains the following: “The location of the first floor of the building in the area of the Sinsan Urban Area and the market value of the financial neighborhood living facilities located in the area of the commercial area, which the present E Bank (hereinafter “the present E Bank”) has occupied and is receiving a monthly high profit due to the installation and operation of CD apparatus and the lease of the facility with bank entrance and exit.”
C. In order to realize the purpose of the instant exchange contract specifically, the Plaintiffs entered into a sales contract with the Defendant on October 13, 2012, including ① the Plaintiffs’ purchase price of KRW 700,000,000 (a contract deposit of KRW 70,000,000) from the Defendant; the remaining payment date and delivery date of the commercial building as of October 15, 2012; and the contract is entered into as of October 15, 2012; ② the bank loans secured by the said commercial building as at the time of entering into the instant contract; the bank loans secured by the said commercial building as of October 15, 202 are repaid as other loans; and (b) the Plaintiffs were to succeed to the lease agreement with the current non-party bank as the lessee (hereinafter “instant sales contract”); and (c) the Defendant provided the instant commercial building from the Plaintiffs as the purchase price of KRW 890,00,000 (a contract deposit of KRW 89,000,00,00).