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1. The plaintiff (Counterclaim defendant)'s main claim against the defendant (Counterclaim plaintiff) Eul and the defendant C corporation.
Reasons
1. Facts of recognition;
A. On May 13, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a sales contract with the Plaintiff to purchase real estate (hereinafter “instant land”) as indicated in the attached Table 1, owned by the Plaintiff and the Plaintiff at KRW 10.5 billion, and paid the Plaintiff the down payment KRW 80 million on May 15, 2015.
B. On July 27, 2015, Defendant B obtained the designation of the project implementer and the authorization of the implementation plan (F) of the instant project, on December 31, 2019, as the joint project implementer, Defendant B, as the joint project implementer, and the scheduled completion date of the project.
On December 3, 2015, the Plaintiff and Defendant B newly concluded a sales contract stating that the sales amount shall be increased to 12 billion won in the previous sales contract; the down payment shall be replaced by the down payment of 80 million won in the previous sales contract; the intermediate payment of 1 billion won in the intermediate payment of 1 billion won in December 15, 2015; and the remainder of 10.2 billion won in the payment of funds raised by project financing (PF) (hereinafter “instant sales contract”).
The Plaintiff and Defendant B entered into a separate special agreement at the time of the instant sales contract, and its main contents are as follows.
1. This contract was concluded on May 13, 2015, but it was concluded again at the request of a seller due to internal issues of the clans. As such, the down payment is replaced by KRW 800 million, which was paid on May 15, 2015, and the remainder shall be paid out by raising development project funding funds through an urban planning facility project in progress at the present time.
3. An urban planning facility project determined by the buyer will proceed to joint business between the buyer and each Dor until the balance of land is deposited, and the seller will simultaneously receive any balance and the buyer shall be the name of joint business proprietor.