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1. With respect to D Building No. 1 E and F in Daejeon-gu Daejeon-gu, the Plaintiff is against the Defendant.
Reasons
1. Basic facts
A. On October 8, 2016, among the buildings D in Daejeon-gu, the Plaintiff and the Defendant: (a) purchased the sale price for underground E (hereinafter referred to as “instant E”) 138,223,00 won ( separate surtax is KRW 8,513,910); (b) for G (hereinafter referred to as “instant G”), the sale price for G 19,076,000 won ( separate surtax 12,43,021 won); (c) for H (hereinafter referred to as “instant H”), the sale price for the instant real estate is KRW 162,94,000 ( separate surtax 10,862,336 won); and (d) for each of the instant sale contracts (hereinafter referred to as “each of the instant real estate sale contracts”), the sale price for the instant real estate is determined as KRW 30,300,00 ( separate surtax 10,862,336 won); and (c) for each of the instant real estate sale contracts (hereinafter referred to as “instant 301,20131”).
B. On January 3, 2017 and February 13, 2017, the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate to the Defendant, and the Defendant paid the sale price and additional taxes with respect to each of the instant real estate as indicated in the following table to the Plaintiff.
EF GH (based for recognition), facts without dispute, Gap evidence Nos. 1 through 5-3, Eul evidence Nos. 1-1 through 2-3, the purport of the whole pleadings
2. The judgment on the cause of the claim and the counterclaim shall also be deemed to have been filed.
A. According to the above facts, the Defendant, barring special circumstances, pays to the Plaintiff totaling KRW 89,339,177, including the sale price and the surcharge on each of the instant real estate (i.e., totaling KRW 71,81,357, the E and F surcharge totaling KRW 17,527,820).
B. As to this, at the time of concluding the sales contract for the instant E and F, the Defendant promised that the Plaintiff’s representative director (I) located in the instant E and F, and would return the sales price unless the sales price arises. However, the Defendant agreed that the Defendant would return the sales price to the Plaintiff.