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1. The Defendant (Counterclaim Plaintiff)’s (Counterclaim Plaintiff) assets trust, and the Plaintiff (Counterclaim Defendant)’s (Counterclaim Defendant)’s (Counterclaim Defendant) amounting to KRW 41,547,570 and 40,650 among them.
Reasons
1. Basic facts
A. The contractor, the Defendant company, the trustor, the Defendant trust company, and the Plaintiffs are the persons who purchase the instant officetels, and the instant officetels. The contractor, the trustee, the Defendant trust company, and the Plaintiffs are the persons who purchase the instant officetel.
B. On December 22, 2011, Plaintiff A entered into a sales contract with Defendant Trust Company for the sales of the instant officetel 726 at KRW 135,50,000 for the sales price ( KRW 13,550,000 for the first or sixth intermediate payment, KRW 40,650,00 for the remainder occupancy, and KRW 40,650 for the remainder occupancy). Plaintiff B entered into a sales contract with Defendant Trust Company for the sales of the instant officetel 726 at KRW 130,220,00 for the sales price of the instant officetel 529 ( KRW 13,02,00 for the contract payment). Plaintiff B entered into a sales contract with each of the intermediate payment of KRW 13,50,00 for the sales price of the instant officetel 13,50,000 for each of the intermediate payment of KRW 13,02,00 for the sales price of the instant officetel 13,60,00
(B) The sales contract concluded between the plaintiffs and the defendant trust company is collectively referred to as "each sales contract of this case"). / [Grounds for recognition] without dispute, Gap evidence 3-1 and No. 5-1, respectively, and the purport of the whole pleadings.
2. Determination as to the claim on the principal lawsuit
A. The plaintiffs' assertion 1) The plaintiffs asserted that the limited partnership company Taesung industrial company (hereinafter " Taesung Industrial company") is the plaintiff.
(2) As to each of the instant sales contracts, each of the instant sales contracts was null and void as an unfair juristic act. (2) The Defendants would provide the Plaintiff with the most favorable officetel at the time of entering into each of the instant sales contracts with the Plaintiffs, and at least the sales price would exceed KRW 10 million.