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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 22, 2007, C Forest land 12,099 square meters was divided into three parts: C Forest land 660 square meters and D forest land 660 square meters, and 15 square meters, respectively.
B. On December 27, 2007, the Plaintiff and the Defendant concluded a real estate sales contract (hereinafter “instant sales contract”) with respect to “Sacheon-si C Forest” as the purchase price of KRW 59,00,000, down payment of KRW 8,000,000, and the remainder of KRW 51,000,000 (the payment date of December 29, 2007) that the Plaintiff would sell the said real estate to the Defendant.
C. The Plaintiff remitted to the Defendant KRW 8,000,000 on October 26, 2007, and KRW 32,000,000 on December 28, 207, respectively.
On May 6, 2008, the ownership transfer registration has been made in the name of the plaintiff on May 6, 2008 with respect to 330/660 shares out of 660 square meters of D forest land in Chuncheon.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 4, 9, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff and the Defendant concluded the instant sales contract, and the Plaintiff reduced the sales price of KRW 59,00,000 to KRW 57,230,000. Since the Defendant paid only KRW 40,000 to the Plaintiff, the Defendant asserts that the Defendant is liable to pay the Plaintiff the remaining sales price of KRW 17,230,000 and damages for delay.
According to the facts acknowledged above, the defendant is obligated to pay the remaining amount of KRW 17,230,000 and damages for delay of the sales contract of this case to the plaintiff, except in extenuating circumstances.
B. The defendant's defense had a claim of KRW 19,00,000 against the plaintiff's employee E, but the remaining amount of the sales contract of this case was agreed upon by the plaintiff, the defendant, and E to pay to the plaintiff. Thus, the defendant cannot respond to the plaintiff's claim.
In full view of the following facts: (a) the witness E’s testimony, (b) Gap evidence No. 3, and (c) Eul evidence Nos. 4 and 10 through 12, the plaintiff’s staff F, the defendant, and E are the case.