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1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.
2. Defendant (Counterclaim Plaintiff) and A.D.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The defendant is a company established for the purpose of housing construction business, civil engineering construction business, etc., and the plaintiffs are self-contributants.
B. On May 28, 2020, the Defendant entered into a sales contract with the Plaintiffs on each of the following occasions: (a) each of the 16.5 square meters (five square meters) and each of the 16.5 square meters (five square meters) and each of the 14.9 million square meters (hereinafter “each of the instant sales contracts”). The two of the instant sales contracts entered into by the Plaintiff (hereinafter “each of the instant sales contracts”) in the column in which real estate is located.
4. 5. The land category is indicated as “former (Class 1 ordinary residential area).”
The contents of a special agreement stipulate that “a new land is granted after division,” “2% (298 only won) from the total amount at the time of full payment of the purchase price until June 4, 2020 shall be deducted”, “an ordinary case in which road shares are included”, and “an ordinary case in which ownership is completed by July 10, 2020,” and “a full refund shall be made at the time of the completion of the registration of establishment of a right to collateral security and the transfer of ownership.”
The Defendant presented to the Plaintiffs at the time of each of the instant sales contracts as follows.
(c)
By June 4, 2020, the Plaintiffs paid all the purchase money stipulated in each of the instant sales contracts to the Defendant.
(d)
Since then, the mother land was divided into 258 square meters prior to D, 330 square meters prior to E, 165 square meters prior to F, 365 square meters prior to G, 365 square meters prior to H, 165 square meters prior to H, 193 square meters prior to J, 220 square meters prior to K, and 213 square meters prior to L (hereinafter “after division”). Of that, the land of 365 square meters prior to G was again divided into 186 square meters prior to G (hereinafter “G land after division”), and the land of 179 square meters prior to G was again subdivided into “after division” and “after division” (hereinafter “after division”).
Land indicated in the location of the real estate of each of the instant sales contracts is G land after division, and “The extent of this division is five” land is L after division, and each of the said land constitutes Class 1 general residential areas.
(e) Each land after subdivision shall be the original N.