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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 80,000,000, respectively, to the Defendant (Counterclaim Plaintiff) and the amount from June 3, 2014 to December 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. The Plaintiffs own 1/2 shares of each of the 1/2 shares of the Guro-gu Seoul Metropolitan Government D 191 square meters and the 3-story neighborhood living facilities on the ground, and of 1,13.03 square meters on the 2nd floor, 97.95 square meters on the 3nd floor, and 97.95 square meters on the 3nd floor (hereinafter “instant real estate”).
B. On December 4, 2013, the Plaintiffs concluded a contract with the Defendant to sell the instant real estate in KRW 1.91 billion (hereinafter “instant sales contract”), and the main contents thereof are as follows.
Article 4 (Sale Price) The first down payment shall be paid at the time of the contract amounting to KRW 190 million, and shall comply with the terms and conditions of the contract of this case, and the remainder KRW 1.72 billion shall be governed by the terms and conditions of the contract of this case.
Article 12 (Matters of Special Agreement) (1) The down payment under Article 4 of the sales contract of this case shall be deposited into the account of the plaintiff A, and the defendant shall pay the balance under Article 4 in the account of the plaintiff A in the lump sum after securing project costs through project financing from financial institutions, etc.
② The Plaintiffs concluded the instant sales contract with the understanding that the Defendant intended to purchase two parcels, other than the land owned by the Plaintiffs. In any case after the conclusion of the instant sales contract, the Plaintiffs may not cancel or terminate the contract, or enter into a contract with others for the said objects, and may not reverse the instant sales contract for any reason, such as the Defendant’s intention to reimburse the down payment.
5. Where the Defendant is unable to procure project costs through a P/F loan from a financial institution, etc., and 160 million won out of the down payment shall be immediately refunded to the Defendant when the grounds for termination specified in this contract arise.
Where the return of the down payment is delayed due to a cause attributable to the plaintiff, the delayed compensation equivalent to 14% per annum shall be paid to the defendant by the date of return.
6. Within three months from the date this contract is terminated, whether the Defendant has raised funds for business through P/F loans from financial institutions, etc.