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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 294,00,000 and the amount of KRW 294,00,000.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. On September 18, 2017, the Defendant: (a) operated a restaurant with the trade name “D”; (b) purchased KRW 72,000,000 (including contract amount of KRW 72,00,000,000 and December 15, 2017; and (c) purchased KRW 300,000,000,000 (hereinafter “instant real estate”) from the Plaintiff for the purchase of a single house of KRW 9.57,00,00 (hereinafter “the instant real estate”) located adjacent to the instant real estate from Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City (hereinafter “the instant sales contract”); and (d) purchased the remainder of KRW 146.4,00 (hereinafter “the adjoining land”) from the Plaintiff on the same day, including the contract amount of KRW 30,00,000,000 and the remainder of KRW 146,517,207.
The Defendant paid KRW 72 million to the Plaintiff as the down payment on the day of the instant sales contract, and KRW 30 million to F, respectively, and paid KRW 150,000,000, which is part of the remainder to the Plaintiff in advance, on November 17, 2017.
C. On November 17, 2017, the Defendant visited the instant real estate for internal repair, but found the floor cracks and ground subsidences in the living room, etc., and agreed on the reduction of the purchase price with the Plaintiff, but did not reach an agreement on the Plaintiff’s liability, the cause and degree of invasion, etc.
According to the result of the defective appraisal by this court, the real estate in this case requires an overall and periodic safety diagnosis on the ground of ground subsidence in a ward and each room, and require a total of 32,741,773 won for reinforcement and repair costs.
Of that, on December 21, 2017, F’s agent agent, sent to the Defendant a certificate of content that “Inasmuch as the purchase price for adjoining land was set too low compared to the market price, a deposit of KRW 60 million, which is an equal amount of the down payment, shall be deposited and the relevant sales contract shall be rescinded,” and the Plaintiff’s agent on December 22, 2017, which is next day.