beta
Text
1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:
Plaintiff (Counterclaim Defendant) respectively.
Reasons
1. Basic facts
A. On July 14, 2010, the Plaintiffs and the Defendants sold to the Plaintiffs 4,524m2, 1, 496m2, 4,499m2, 4,451m2, 4,451m2, 4,480m2, and 99m2 (hereinafter referred to as the “instant real estate” in combination with two or more real estate in the following below) for each square year. The Plaintiffs newly constructed and sold 35m2 on each ground, and paid the balance of land to the Defendants, and the Defendants concluded an agreement with the Plaintiffs to complete the registration of ownership transfer on the instant real estate.
B. On July 22, 2010, the Plaintiffs and the Defendants entered into an agreement with the Plaintiffs to add the details of the Plaintiffs’ reimbursement of the existing loan interest amounting to KRW 93,850,223 and to change the sales amount to KRW 400,000 per square year. The Plaintiffs paid loans, local taxes, etc. related to the instant real estate and completed the registration of ownership transfer in the Plaintiff’s name on August 31, 2010.
C. On September 10, 2010, Defendant D, E transferred KRW 427,80,000 to the Plaintiffs, KRW 212,70,00 to the Plaintiffs, KRW 212,70,00 to the Plaintiffs, and KRW 428,950,00 to the Plaintiffs respectively, and each of the above notifications was issued around that day.
While the Plaintiffs and the Defendants exchanged their opinions on the balance and payment method of the purchase price of the instant real estate, they demanded that the creditors of the Defendants repay the Defendants’ claims to the Plaintiffs. Accordingly, the Defendants, who known the said fact, proposed to the Defendants that the Plaintiffs would be reduced from the purchase price balance as much as the Plaintiffs would have paid the said debt on behalf of the Plaintiffs, and the Plaintiffs paid the said debt on behalf of the Plaintiffs.
E. Following the negotiations, the Plaintiffs and the Defendants on October 27, 2010.