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1. Revocation of a judgment of the first instance;
2. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
3. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant entered into the instant sales contract (hereinafter “P”) with the area of 48,181 square meters in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do before division
) Co-ownership with G and the land stated in attached list 2 to 6 is owned solely by G, and as to each of the above land, the Daimun Saemaeul Saemaul Fund (which is mutually due to the change, and which is mutually due to the change; hereinafter referred to as the “Yeomun Saemaeul Fund”).
On August 28, 2008, the establishment registration of a neighboring maximum debt amount of KRW 700 million (which shall be changed to KRW 840,000,000) was completed, and on September 2, 2008, the establishment registration of a superficies for the duration of 30 years with the duration of 30,008 was completed. (2) The Plaintiff agreed to purchase part of P and the land specified in the attached Table 2 through 6 for the purpose of using it as the site of the project by solar power generation business operator F to implement solar power generation projects and divide its profits.
3) Accordingly, the Plaintiff’s husband Q representing the Plaintiff is present at F on April 1, 2014 and D, a real estate trade broker, and the Defendant as follows (hereinafter “instant sales contract”).
(C) 400 million won (hereinafter “instant down payment”) shall be the Defendant.
The subject matter of sale is paid. The subject matter of sale: P excluding the 300 square meters in P and the proceeds of the land stated in Schedule 2 through 6: 1.569 billion won (the balance KRW 400 million in the contract amount, KRW 1169 million in the remainder) (Article 2). The seller shall compensate for the amount of the down payment at the time when the contract is terminated by the seller, and the buyer shall not waive the down payment and make a refund at the time when the contract is terminated (Article 6). Special agreement is made: Administrative authorities shall compensate for the down payment within three months from the date when the official approval, permission, and development activities related to solar energy was rejected by the administrative authorities, and shall compensate for the down payment as the buyer’s intent at the time of default (the remaining authorization and permission amount shall be paid at the time when the first final permission is granted).
B. On April 3, 2014, the Defendant’s subsequent measures to the instant sales contract were “P” in the cadastral map around P.