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1. The Defendant (Counterclaim Plaintiff) receives KRW 65,000,000 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On August 28, 2008, the Plaintiff entered into a contract with D and Incheon Reinforcement-gun to purchase a 5,455 square meters of forest land and E 2,182 square meters of forest land.
B. The sales price of the said C Forest land (hereinafter “instant real estate”) was KRW 470,00,000, and the sales price of the said E forest land was KRW 100,000.
C. As to the above E forest land, the Plaintiff paid to D in cash the purchase price of KRW 13 million on the contract date, and KRW 87 million on December 30, 2008, and completed the registration of ownership transfer on January 5, 2009.
With respect to the instant real estate, the Plaintiff paid D the purchase price of KRW 47 million as the down payment on August 28, 2008, which was the date of the contract, and the intermediate payment of KRW 13 million on August 28, 2008, which was the intermediate payment, KRW 200 million on November 12, 2008, KRW 50 million on December 25, 2008, and KRW 450 million on December 31, 2008.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The allegations and judgment of the parties
A. The Plaintiff and the Defendant’s assertion 1) The Plaintiff asserted that D, a representative of the Defendant, paid KRW 4.5 million out of the purchase price of the instant real estate to D and unpaid KRW 6.5 million, and the Defendant should carry out the registration procedure for ownership transfer of the instant real estate at the same time as receiving the said money from the Plaintiff. The Defendant’s assertion 2) is asserted as follows as a counterclaim.
The plaintiff made a payment in cash to D who does not have the authority to receive cash of the purchase price as a payment in a passbook as stipulated in the sales contract. This is not an effective payment of the purchase price.
The Plaintiff did not pay KRW 165 million out of the purchase price for the instant real estate.
Therefore, at the same time, the Plaintiff should pay KRW 165 million for the unpaid purchase price, along with the transfer of the ownership registration procedure for the instant real estate from the Defendant.
(b).