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1. All the Defendant-Counterclaim Plaintiff’s primary counterclaim claim against the Plaintiff (Counterclaim Defendant) and the primary preliminary counterclaim claim.
Reasons
1. The primary facts and counterclaims shall also be deemed to exist.
A. On September 12, 2014, the Plaintiff and the Defendant concluded a contract with the Defendant to purchase each of the lands listed in the separate sheet (hereinafter “the instant land”) from the Defendant at KRW 3,100,000,000 (hereinafter “the instant primary sales contract”).
B. From September 12, 2014 to September 21, 2015, the Plaintiff paid a total of KRW 122,234,348 (hereinafter “instant payment”) over 16 occasions as follows.
The remainder, among the 50,00,000 down payment on September 12, 2014, 12, 199,369, and the part of the intermediate payment ordered on December 22, 2014 on March 19, 2015, among the 40,000 intermediate payment ordered on May 8, 2015, part of the remainder 5,000 on May 8, 2015, 199,369, and part of the remainder 40,64, 00, 000, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 70, 30, 400, 400, 400, 700, 400, 85, 208, 2015, 40, 196, 2015
C. The instant first sales contract was rescinded on July 14, 2016.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. 1) The parties’ assertion 1) The Defendant had a duty to return KRW 122,234,348, which was paid to the Plaintiff as the purchase price of each of the instant land. 2) Of the instant payment amount, KRW 3,400,000 paid by the Plaintiff on June 18, 2015 is the Defendant’s purchase of duty-free oil on behalf of the Plaintiff and the payment of the oil cost was made for the Plaintiff, not the purchase price. 2) Of the instant payment, the amount paid by the Plaintiff on August 24, 2015, KRW 8,000,000 paid by the Plaintiff on behalf of the Plaintiff was paid to the Defendant as the housing design cost, and the Defendant immediately pays it to the Defendant.