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1. The Plaintiff (Counterclaim Defendant) receives KRW 160,000,000 from the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. On June 12, 2013, the Defendant entered into a farmland lease agreement with the Korea Rural Community Corporation entrusted with the instant land by the Plaintiff pursuant to the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter “instant farmland lease agreement”) with the Korea Rural Community Corporation, which provides that the instant land shall be KRW 300,000,000 per annum from June 12, 2013 to June 11, 2018, and the said land has been transferred from around that time, and cultivated the scar, etc. by installing the instant vinyl, etc. on the said land.
B. On February 8, 2014, when the Defendant cultivated Pacific, etc. on the instant land, the Plaintiff and the Defendant purchased the instant land from the Plaintiff in the amount of KRW 160 million, and the Defendant concluded a sales contract with the Plaintiff to pay the Plaintiff KRW 160 million in full, without dividing down down payment and intermediate payment (hereinafter “instant sales contract”). If the instant farmland lease contract was automatically terminated upon the Defendant’s remainder payment, and the instant vinyl, etc. were to be immediately removed and handed over the said land to the Plaintiff, the agreement was stipulated as a special stipulation under the said sales contract.
C. On January 5, 2015, the Plaintiff sent to the Defendant a certificate of content that “if not paid until then, the said farmland lease contract shall be automatically terminated, and the instant vinyl, etc. shall be immediately removed” (hereinafter “certificate of content as of January 5, 2015”).
Accordingly, the defendant, on January 12, 2015, was the land of this case to the plaintiff, and at the time of the sales contract of this case, "the land of this case to the plaintiff is adjacent land of this case, "D", which is the neighboring land of this case.
A part of the land was agreed to be used, unlike the actual cadastral area, only 1,000 square meters can be used, and part of the said D land is possible.