1. The defendant is based on sale and purchase on January 8, 1997 as to each real estate listed in the separate sheet from the plaintiff.

1. Basic facts

A. On January 8, 1997, the Plaintiff entered into a sales contract to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to Dong Building Industry Co., Ltd. (hereinafter “Dong Construction”) for KRW 580,880,080,000 (hereinafter “instant sales contract”). The Plaintiff received each of the intermediate payment of KRW 116,000,000 on January 20, 1997 from Dong Construction, and KRW 175,00,000,000 from Dong Construction, respectively.

B. Upon the bankruptcy of Dong Construction due to the financial situation, etc., the defendant acquired on May 19, 2003 the right of the purchaser of the instant real estate of Dong Construction from the trustee in bankruptcy of Dong Construction to the purchaser of Dong Construction.

C. Around August 2015, the Defendant filed a lawsuit against the Plaintiff on the instant real estate (this Court Decision 2015Da102599, hereinafter “prior suit”) and on January 5, 2016 in the instant case, “the Defendant (the Plaintiff of this case) was paid KRW 289,80,000 from the Plaintiff (the Defendant of this case) and at the same time paid KRW 289,80,000 to the Plaintiff,” and the said judgment became final and conclusive on February 2, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining purchase and sale amount of KRW 289.8 million (= KRW 580.8 billion - KRW 116 million - KRW 175 million).

B. Furthermore, the Plaintiff is liable for the delay of the payment of the remaining purchase price.

The seller's duty to transfer ownership and the seller's duty to deliver object according to the sales contract are concurrently performed, and the seller's duty to pay the purchase price is also concurrently performed. When the seller continues to keep the documents in a certified judicial scrivener office, etc. designated as the place of performance, he/she shall notify the seller that he/she can receive the documents in exchange for the remaining price and