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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. The costs of lawsuit;
Reasons
1. Facts of recognition;
A. On February 23, 2010, the Plaintiff acquired ownership of the instant land (i.e., the Plaintiff’s acquisition of ownership of the instant land) is the Plaintiff’s land of Pyeongtaek-si B large 758 square meters, C large 716 square meters, and D 221 square meters (hereinafter “instant land”).
(2) Around July 27, 2004, the Flue House located on the ground of the instant land was demolished at the voluntary auction procedure for the instant land (U.S. District Court Pyeongtaekwon E) and acquired its ownership on March 9, 2010. The Defendant had the right to implement construction of a new construction of a main complex building on the ground of the instant land on the 19th floor at the time the Plaintiff acquired the ownership of the instant land.
B. On June 14, 2011, the Plaintiff and the Defendant sold the instant land to the Defendant on a fixed basis as of KRW 3.8 billion in the purchase price, and the payment date of the purchase price, November 28, 2011. The Defendant shall pay to the Plaintiff KRW 285 million in the form of a promissory note with respect to the portion of the land usage fee up to May 31, 201 as land usage fee, and pay KRW 57 million in the form of a contract to pay the Plaintiff KRW 57 million per month from June 1, 201 to the full payment of the purchase price (hereinafter “instant land purchase and use fee contract”).
(2) On November 29, 201, the Plaintiff notified the Defendant of the cancellation of the instant land purchase and use fee contract, as the Defendant did not pay the purchase price by the payment date.
C. Around December 201, 2011, the Plaintiff filed a lawsuit against the Defendant, etc. to leave the building under construction on the ground of the instant land, and to deliver the instant land as Suwon District Court Sejong District Court Decision 201Gahap5389. The first instance court rendered a favorable judgment against the Plaintiff stating that “the Plaintiff, the Defendant, and the Defendant, etc., leave the said building, leave the said building, and deliver the instant land.” 2) The Defendant, etc. appealed against the first instance judgment.