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1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.
3. The costs of the lawsuit;
Reasons
1. Facts of recognition;
A. On July 27, 2009, C, a sale contract between C and the Defendant, the Plaintiff’s joint and several sureties, and disputes related thereto, etc.) sells a sale right of KRW 50 million to the Defendant with respect to the share of KRW 2,241 square meters among the apartment buildings within E in Ma-gu, Gwangju-si, which are paid by the Korea Land and Housing Corporation as compensation by the Korea Land and Housing Corporation with respect to the share of KRW 2,241 square meters among the apartment buildings in Ma-si (hereinafter “instant sale contract”).
(2) The Defendant paid C KRW 50 million by August 1, 2009 as the down payment and remainder of the instant sales contract.
However, on August 4, 2009, C notified the Defendant that the instant sales contract would be cancelled on the ground that it is a contract regarding an area where the resale right is restricted, and on August 13, 2009, C deposited the purchase price of KRW 50 million received from the Defendant as the principal deposit.
However, the defendant did not receive the deposit by asserting that the contract of this case is valid, and the dispute between C and the plaintiff was commenced.
B. On September 30, 2009, the Defendant issued a provisional injunction against the provisional injunction against the selling right of apartments 1) Seoul Eastern District Court 2009Kahap2377 on the provisional injunction against the selling right of apartments 2009. On September 30, 2009, the Defendant filed a provisional injunction against the selling right of the above apartment No. 116 Dong 1201, which C had against the Korea Land and Housing Corporation. 2) On October 5, 2009, Seoul East East District Court 2009Kadan1132 on the provisional attachment against the Plaintiff as the preserved right of KRW 438 million against the Plaintiff on September 22, 2009, the Defendant deposited FF block House No. 117602 (hereinafter “the apartment of this case”). The Plaintiff deposited the ownership transfer registration of the apartment of this case with the Korea Land and Housing Corporation as the guaranteed right of KRW 300,005.25.205.205.