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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.
Reasons
1. In the first instance court’s trial scope, the Plaintiff partially accepted the Plaintiff’s claim and dismissed the Defendant’s counterclaim. Accordingly, the Plaintiff and the Defendant appealed on each part of the part of the claim in the first instance judgment against each of the losing parts, and the scope of this court’s trial is limited to the claim in the principal lawsuit.
2. Facts of recognition;
A. On July 18, 2014, the Plaintiff purchased a total of 5,329 square meters of land in Ansan-si, D, E, and F (hereinafter “instant land”) from the Defendant for the purpose of installing and leasing a warehouse, etc., and concluded a sales contract with the following contents:
(2) As to the sale of the above real estate, the seller and the buyer, by agreement, shall pay the purchase price as follows.
The purchase price of KRW 1 billion shall be paid at the time of the contract and the intermediate payment of KRW 100 million shall be paid at August 18, 2014.
The balance shall be paid on September 15, 2014.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the buyer at the same time as the balance of the purchase price is received, and the delivery date of the said real estate shall be September 15, 201
(b) If a seller or buyer under Article 6 (Non-performance of Obligations and Compensation for Damages) fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.
In addition, the parties to the contract may respectively compensate the other party for damages arising from the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.
(A) The matters of the special agreement (hereinafter referred to as the “matters of the instant special agreement”)