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1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 80,414,774 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. On October 22, 2013, the Plaintiff (the trade name before the change: Changsung Housing Industry Co., Ltd.) and B purchased 1/2 shares, etc. in Yangsan-si C, D Land (the sum equivalent to 2393 square meters; hereinafter referred to as “instant land”) and buildings on which 1/2 shares, etc. are KRW 3.60,000,000,000. The down payment amount is paid on the date of the contract, and the intermediate payment is paid at KRW 50,00,00 on two occasions within November 19, 2013, and the remainder is paid at the same time as the construction permit for the instant land (hereinafter referred to as “instant sales contract”). (However, the contract date indicated in the contract as October 19, 2013).
At the time of the instant sales contract, the Plaintiff and B, the buyer, are fully responsible for the transfer income tax (including rural taxes). The construction permit was to obtain in the name of the buyer, and the seller is to actively cooperate with the seller.
B. As to the instant sales contract on January 22, 2014, the Plaintiff, and the Defendant: (a) paid the balance within seven days from the construction permit date; (b) paid 20% interest interest per annum on the balance in the event that the balance and the transfer tax are not settled within seven days from the construction permit date; (c) if the settlement is not made within three months, the down payment shall belong to the seller; (d) the intermediate payment shall be returned to the buyer after deducting overdue interest and the cost; and (e) the instant sales contract shall be invalidated (hereinafter “instant additional agreement”).
C. On October 22, 2013, the Plaintiff paid to the Defendant KRW 50 million, the intermediate payment of KRW 50 million on November 4, 2013, the intermediate payment of KRW 50 million on November 19, 2013, the intermediate payment of KRW 50 million on February 18, 2014, the intermediate payment of KRW 40 million on September 23, 2014, and the intermediate payment of KRW 120 million on September 23, 2014.
B around October 2015, the Plaintiff shall have its rights under the instant sales contract.