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1. The Defendant (Counterclaim Plaintiff) received KRW 307,00,000 from the Plaintiff (Counterclaim Defendant) simultaneously.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 7, 2014, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant (hereinafter “instant land”) with the Defendant and Seocho-gu Seoul Metropolitan Government C Large 73.6 square meters (hereinafter “instant land”).
(3) As to the Plaintiff’s purchase of the said land at KRW 3.7 billion, the Plaintiff’s purchase of the said land at KRW 100 million for the contract deposit, KRW 60 million for the intermediate payment on September 5, 2014, and KRW 147 million for the remainder payment on October 14, 2014, and the Defendant’s purchase and sale contract (hereinafter “the instant sales contract”) to implement the procedures for ownership transfer registration for the said land to the Plaintiff at the same time as the remainder payment is paid.
(2) According to the instant sales contract, the Plaintiff paid KRW 10 million to the Defendant the intermediate payment of KRW 10 million and KRW 60 million on September 5, 2014 pursuant to the instant sales contract, and paid KRW 7 million to E out of the remainder on October 1, 2014.
B. 1) The registration of ownership transfer was completed in the name of the Defendant with respect to the instant land and the instant adjacent land and the instant adjacent thereto. Each of the said lands was combined on August 12, 1986 and registered to be a 289 square meters in the land cadastre, Seoul Seocho-gu, Seocho-gu, Seoul, but the combination of lots registration was not completed in the register. Thereafter, on September 13, 1994, E completed the registration of ownership transfer on the instant adjacent land and the instant adjacent land and its appurtenant land due to successful bid on April 29, 1994, and on the same day, the owner on the land cadastre of the instant adjacent land was registered to E, etc. on the same day. 2) The Defendant against E, etc. is unable to enter the road without passing through the instant adjacent land owned by the Defendant, and from the time E acquired the said adjacent land, from the time he acquired the said adjacent land to the access to the said adjacent land.