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1. The Plaintiff (Counterclaim Defendant) dated April 10, 2014 with respect to each real estate indicated in the separate sheet to the Defendant (Counterclaim Plaintiff).
Reasons
Basic Facts
On October 30, 2013, the Plaintiff entered into a sales contract with C (a trade name was changed to D; hereinafter collectively referred to as “D”) on the purchase price of KRW 264 million, the E-W-gun, Daegu-gun, and three parcels, other than 443 square meters (hereinafter referred to as “non-performing real estate”), which were purchased at KRW 264 million.
On January 13, 2014, the Plaintiff sold to D each real estate listed in the separate sheet owned by it (hereinafter “each of the instant real estate”) in the purchase price of KRW 380,000,000,000,000 for the purchase price of KRW 15,000,000 at the time of the contract, and succeeded to the loan of KRW 180,000 at the time of the contract, the purchaser succeeds to the loan of KRW 180,000,000,000 for the remainder of KRW 185,000,000 at the end of May 2014, and received the down payment from D, and the remainder of the purchase price was settled with the purchase price of the Nonparty’s real estate.
On the other hand, on December 17, 2013, the establishment registration of a neighboring bank under the name of the debtor, the plaintiff, the maximum debt amount of 120,000,000 won, was completed on December 17, 2013, and the establishment registration of a neighboring bank under the name of the debtor, the plaintiff, the maximum debt amount of 94,8 million won was completed on January 9, 2014.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including a provisional number; hereinafter the same shall apply), and the purport of the entire pleadings, are as follows: F’s representative director, who asserted the purport of the entire pleadings, arbitrarily sold each of the instant real estate to the defendant; and F’s representative director, who arbitrarily changed the part of the purchaser of the sales contract prior to the amendment, and did not conclude a sales contract between the plaintiff and the defendant on each of the instant real estate, without permission from May 31, 2014.
Even if a sales contract was concluded between the Plaintiff and the Defendant, the Defendant did not pay the remainder, so the Plaintiff would cancel the sales contract by delivering a duplicate of the complaint of this case.
Therefore, the Plaintiff raises objection against the Defendant.