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1. On December 29, 2015, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on each real estate indicated in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be acknowledged as either in dispute between the parties or in full view of Gap evidence Nos. 1, 4, 6, 10, Eul evidence Nos. 1, 10, and Eul evidence Nos. 1 (including each number, if any), and the whole purport of the pleadings in the testimony of the witness C.
On December 29, 2015, the Plaintiff entered into a contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and the building listed in the separate sheet No. 2 (hereinafter “instant building”) KRW 620,000,000 (hereinafter “instant sales contract”). On December 29, 2015, the Plaintiff entered into the sales contract into a multi-purpose contract with the amount of KRW 59,000,000,000,000,000 won, compared to the actual purchase price, and entered into the so-called contract.
In the instant sales contract, on the date of the contract, KRW 5 million for the down payment, KRW 20 million for the first intermediate payment, KRW 150 million for the second intermediate payment on January 15, 2016, and KRW 85 million for the remainder on February 29, 2016, and KRW 85 million for the remainder on February 29, 2016, respectively, shall be paid to the Defendant on February 29, 2016, and the Plaintiff’s obligation to return the loan of KRW 330 million for the Plaintiff to whom the instant real estate was loaned as security is to be taken over by the Defendant.
On the other hand, the plaintiff and the defendant agreed to accept the lease deposit amount of KRW 110 million to be returned to the lessee of the second floor of the real estate of this case.
B. According to the instant sales contract, the Defendant paid the Plaintiff KRW 5 million for the down payment on December 29, 2015, which was the date of the instant sales contract, and KRW 20 million for the first intermediate payment on January 15, 2016, respectively.
C. The Defendant did not pay the second intermediate payment and the remainder to the Plaintiff even after the arrival of February 29, 2016.
Accordingly, on March 22, 2016, when the Plaintiff prepared documents necessary for the transfer of ownership, such as a certificate of registration of the right to the instant real estate, the Plaintiff requested the Defendant to pay the second intermediate payment and the remainder thereof by March 31, 2016, as the Plaintiff prepared documents necessary for the transfer of ownership.