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1. The Defendant (Counterclaim Plaintiff) paid KRW 81,180,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from July 11, 2014 to February 4, 2016.
Reasons
1. Judgment on the plaintiff's main claim
A. 1) On June 27, 2014, the Plaintiff and the Defendant are as follows: (a) on June 27, 2014, net City A, B, and C (hereinafter “each of the instant lands”).
A) The sales contract for the sale of the purchase price in KRW 500 million (hereinafter “instant sales contract”) and the certificate of permission to collect earth and stones and ancillary facilities (such as electric facilities, irrigation facilities, and management Dongs) for each of the above lands.
(2) At the time of the conclusion of the instant sales contract, the Plaintiff agreed to pay each of the instant lands as KRW 170 million until July 10, 2014, an intermediate payment of KRW 250 million until June 27, 2014, and a balance of KRW 220 million until July 10, 2014. (2) In accordance with the instant sales contract, the Plaintiff completed the registration of ownership transfer for each of the instant lands to the Defendant on June 30, 2014.
3) At the time of entering into the instant sales contract, the nominal owner of the right to collect earth and stones on each of the instant land is limited to D (hereinafter “D”).
(4) The Defendant paid to the Plaintiff KRW 380,000,000,000 as the sales price under the instant sales contract, on September 2, 2014, KRW 380,000,000,000 to the Plaintiff on June 21, 2014, after concluding a contract on the transfer of the right to collect earth and stones between D and D to obtain the right to collect earth and stones for each of the instant land, and applying for change of the right to collect earth and stones under the name of the Defendant on October 21, 2014.
Meanwhile, as E and F claimed a lien on each of the instant land and its ancillary facilities, the Plaintiff, the Defendant, and G shall bear each of the KRW 10 million on July 26, 2014, and shall be paid to the said lien holder a total of KRW 30 million. However, the Plaintiff shall additionally pay KRW 5 million out of the amount already paid by the Defendant to the said lien holder.