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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 34,400.
Reasons
1. The facts of recognition shall be deemed both a principal lawsuit and a counterclaim;
A. The Plaintiff is the owner of land for factory in Yeongdeungpo-gu, Suwon-gu, Suwon-si (hereinafter “instant land”). The Defendant owned three hundred and twenty-five square meters of land for a factory adjacent to the instant land (hereinafter “instant adjacent land”), a building on its ground, a building on its ground, and a factory site of 255 square meters, etc.
B. On November 4, 2010, the Plaintiff: (a) specified a size of 17 square meters indicated in Annex 1, among the instant land (hereinafter “instant land”); (b) sold KRW 34,440,00 (hereinafter “instant sales contract”); and (c) purchased land for factory from the Defendant for KRW 255,000,000 from March 5, 201 to KRW 516,000,000,000.
C. The Plaintiff and the Defendant agreed to settle the sales price in the way that the Plaintiff, from the sales price of the pertinent D land KRW 516 million to the Defendant, the remaining amount of KRW 481.6 million calculated by deducting KRW 34.4 million under the instant sales contract (i.e., KRW 516 million - KRW 34.4 million), and the Plaintiff paid the Defendant the full amount of KRW 481.6 million from November 5, 201 to March 15, 201.
However, since a factory building owned by the Plaintiff was constructed on the ground of the instant land at the time of the instant sales contract, it could not be divided from the instant land pursuant to relevant statutes and completed the registration of ownership transfer under the name of the Defendant. Accordingly, on April 13, 2011, the Plaintiff and the Defendant agreed to ensure that the Plaintiff can use the instant land free of charge until that time, in cooperation with the Defendant when it is possible to divide the instant land.
E. In accordance with the aforementioned agreement on April 13, 2011, the Plaintiff is the Suwon District Court with respect to shares of 17/288 of the instant land to the Defendant.