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1. The Defendant (Counterclaim Plaintiff) paid KRW 275,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from December 1, 2016 to November 3, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On July 21, 2010, the Defendant and Nonparty C (hereinafter “Defendant et al.”) entered into a real estate sales contract with the Defendant et al., a joint ownership of the Defendant et al. at the time (the shares of Defendant 10 and shares of C 2/30) (the shares of Defendant 8/10 and shares of C 2/10) and the building on the ground (hereinafter “instant project site”) and a real estate sales contract with the content that the building on the ground was sold to D and one other than D for ten billion won.
Since then, D entered into a service agreement with the Plaintiff on August 25, 2010, with a view to removing the existing buildings on the ground of the instant project site purchased from the Defendant, etc. and promoting the construction of a main complex building that builds urban-type residential housing (66 households), officetels (110 households), neighborhood living facilities, etc.
(2) On July 15, 201, the Defendant, etc. entered into a new sales contract with G Co., Ltd. (hereinafter referred to as “G”) that newly constructs buildings, such as officetels or urban-type housing, on the instant project site, without specifically distinguishing the business entity from the type, structure, and design of the building; and thereafter, D failed to pay any balance arising from the sales contract for the instant project site to the Defendant, etc.; and on April 28, 201, the sales contract was rescinded by agreement between the Defendant, etc. and D, and the Defendant, etc. entered into a new sales contract with respect to the instant project site by which the F, the representative of D, is the representative director, and the sales price was increased to 11.5 billion won.
In addition, G applied for a building permit to the head of Dongdaemun-gu Seoul Metropolitan Government on the basis of the design drawings prepared by the Plaintiff, and obtained a building permit from the head of Dongdaemun-gu on June 15, 201 to newly construct an officetel of five stories underground and twenty stories above ground on the instant project site.
However, G sales balance to be paid to the defendant, etc.