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1. The Defendant (Counterclaim Plaintiff) paid KRW 351,736,437 to the Plaintiff (Counterclaim Defendant) and its amount from February 26, 2015 to July 11, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The status of the party is the owner of the Plaintiff’s ground D-based housing (hereinafter “Plaintiff’s housing”) in Suwon-si, and the Defendant is the owner of 1,673m2 (hereinafter “instant land”).
On the other hand, the Plaintiff’s housing site is located in a zone of approximately seven meters higher than the instant land.
B. A sales contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant to construct detached houses and Class I neighborhood living facilities on the ground of the instant land. As seen above, the Plaintiff is likely to cause safety problems as a result of the location of the Plaintiff’s housing site in a zone with approximately seven meters higher than the instant land, and the Defendant purchased approximately KRW 50 million from the Defendant on July 7, 2015, and KRW 200,000 from the instant land. The Defendant completed civil engineering works, such as site construction, retaining wall construction, and reinforcement construction, with respect to the said part of the purchase, and completed the said civil engineering works by the end of December 2015 to transfer the Plaintiff’s ownership (hereinafter “first sales contract”).
(2) On August 28, 2015, the Plaintiff concluded a sales contract with the Defendant to expand the subject matter of the first sales contract from 50 to 367 square meters (hereinafter “instant land”), and to purchase it from the Defendant at KRW 500,000,00, and as in the sales contract on July 7, 2015, the Defendant completed a civil construction project, such as site construction, retaining wall construction, and reinforcement soil construction (hereinafter “instant civil construction project”), with regard to the instant land purchased, and as in the sales contract, divided it and transferred the ownership to the Plaintiff. The down payment out of the sales price shall be substituted by KRW 150,00,000 paid by the Plaintiff pursuant to the first sales contract, and the remainder of the sales price shall be paid after applying for ownership transfer registration (hereinafter “the sales contract”).
C. The plaintiff.