Plaintiff (Counterclaim Defendant) (Attorney Jeong-young et al., Counsel for defendant-appellant)

Defendant-Counterclaim (Attorney Park Yong-young, Counsel for the plaintiff-appellant)

April 27, 2016

Busan District Court Decision 2015Da43595, 43601 decided December 16, 2015

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be borne by the plaintiff (Counterclaim defendant) in total, in the principal lawsuit and counterclaim.

1. Purport of claim

(a) Main claim;

It is confirmed that the purchase and sale contract of the resettlement site for real estate entered into on October 26, 2010 between the Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is null and void.

(b) Counterclaim;

1) The primary claim: The Plaintiff shall implement the procedure to change the name of the purchaser on March 4, 2015 between the Defendant and the Korea Land and Housing Corporation on the purchase contract of Gangseo-gu, Busan (location omitted) to the Defendant on March 4, 2015.

2) Preliminary Claim 1: With respect to the sales contract between the Korea Land and Housing Corporation of Gangseo-gu, Busan and the Korea Land and Housing Corporation for a lot of 247 square meters (Concurrent Use of Designated Housing Site), the Plaintiff implemented the procedure for applying the procedure for applying for consent to resale for change of the purchaser’s name on October 26, 2010. On the agreement of the Korea Land and Housing Corporation with regard to the above consent procedure, the Plaintiff implemented the procedure for changing the purchaser’s name to the Defendant on March 4, 2015, as well as the Korea Land and Housing Corporation.

3) 2 preliminary claim: The plaintiff shall pay to the defendant 216,00,000 won with the interest of 20% per annum from the day following the delivery of a copy of the counterclaim to the day of complete payment.

1. Quotation of the first instance judgment

The reasoning of this court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where "the defendant" is deemed to be "the plaintiff" at the last 6th of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 4

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals against the plaintiff's principal lawsuit and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Park Jae-chul (Presiding Judge)