1. The Defendant (Counterclaim Plaintiff) paid KRW 11,173,055 to the Plaintiff (Counterclaim Defendant) and its related amount from September 3, 2015 to April 20, 2018.

A principal lawsuit and a counterclaim shall be deemed to be filed together.

Basic Facts

On March 11, 2008, the Plaintiff completed a construction report on the facilities for storing and treating hazardous substances (gas station) on the land of 15,025 square meters (hereinafter “the land of this case”). D completed the construction report on the facilities for storing and treating hazardous substances on March 31, 2008, the Plaintiff completed the construction report on the facilities for storing and treating hazardous substances (gas station) on the land of 11,530 square meters (hereinafter “the land of this case 2”). On June 3, 2009, the Plaintiff and D were awarded a contract to the CY Industries Co.,, Ltd. (hereinafter “TG”) for the installation of retaining walls on the land of this case 1 and 2, and completed the said construction on April 2010.

On July 25, 2012, the Plaintiff entered into a sales contract (hereinafter referred to as “the sales contract of this case”) with the Defendant and the Plaintiff to sell the land No. 1, 2,691 square meters in total to the Defendant for KRW 3.4 billion in purchase price (hereinafter referred to as “each land of this case”). The Plaintiff signed a sales contract (hereinafter referred to as “the sales contract of this case”) with the Defendant and the Plaintiff to sell the land No. 2,691 square meters in total, which is owned by the Defendant and the Plaintiff, and the land No. 1, 2, and 3 (hereinafter referred to as “the land of this case”).

The Defendant developed each of the instant land and concluded the instant sales contract for the purpose of operating gas stations, resting places, and funeral parlors on the ground. The main contents of the instant sales contract are as follows.

① On July 25, 2012, the Defendant paid the down payment of KRW 100 million to the Plaintiff on the day of the contract, and the remainder shall be paid on November 25, 2012, less the down payment of KRW 100 million from the purchase price of KRW 3.3 billion and less the down payment of KRW 3.3 billion, the mortgagee of the right to collateral security (A), the obligor, the Plaintiff, and the maximum debt amount of KRW 1.69 billion on the land of this case, and the mortgagee of the right to collateral security (A) established on the land of this case.