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All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
(b) Costs of lawsuit;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 12, 2016, upon introduction of C, the Plaintiff entered into an agreement to purchase real estate at KRW 4,960,000,00 with the content that the said land was purchased from the E church (hereinafter “instant church”) which is the owner of the land D and nine parcels outside the Yongsan-si area D.
Then, on February 19, 2016, the Plaintiff entered into a real estate sales contract for the purchase of the said land in KRW 5,450,000 from 6 other than G and 6 persons as co-owners of two parcels, namely, G.
On May 17, 2016 and June 2, 2016, the Plaintiff received a written consent to use the site and a certificate of seal impression, etc. (hereinafter referred to as “written consent, etc. to use the site”) from the instant church and the instant church and the instant church and six other persons (hereinafter referred to as “instant project site”).
B. On March 2, 2016, the Plaintiff entered into a design contract (hereinafter “instant design contract”) with the Defendant, a legal entity, which aims at the architectural design business, to newly construct a primary complex building on the instant project site (hereinafter “instant project”), with the introduction of the instant project and C, with the aim of constructing a neighboring living facility with a size of at least 15 stories above the ground level from the fourth underground level, and a new apartment house (hereinafter “instant design contract”).
The price of the design contract of this case was KRW 490,125,00 (excluding value added tax), and the terms and conditions of the payment are as follows.
On May 11, 2016, the Plaintiff completed the payment of KRW 100 million.
(c)
H (A) has been engaged in the business of this case, such as the purchase of the project site of this case
Around June 28, 2016, the Plaintiff was unable to obtain a building permit on the same site by first applying for a building permit on the third floor above the instant business unit by using the original, such as the consent to use the site in the name of G and six other than G, which was dryed by the Defendant.
(d)
On November 22, 2016, the Plaintiff drafted a written agreement to pay KRW 150,000,000 as agreed gold (hereinafter “instant agreement”) with H on the same day, paid KRW 30,000,000 to H on the same day, and drawn up a promissory note fair certificate for KRW 120,000,000.
H. H. on the same day: