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1. The Plaintiff (Counterclaim Defendant) paid KRW 87,086,987 to the Defendant (Counterclaim Plaintiff) and its related amount from September 6, 2012 to January 17, 2013.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) B around June 16, 1997, with Korea Land Corporation, purchased real estate listed in attached Table 1 (hereinafter “instant land”) from Korea Land Corporation in KRW 186,970,00, and the down payment of KRW 18,697,000 on the date of the contract, the installment payment of KRW 42,273,00 on the date of the contract, and the installment payment of KRW 42,00 on December 16, 1997; the second installment of KRW 42,00,000 on June 16, 1998; the third installment of KRW 42,00,000 on three occasions and April 16, 1998; and the first installment of KRW 42,00,00 on April 42, 190,000 on June 16, 1998; and the second installment of KRW 18,70,000 on the same date.
(2) Around December 15, 1997, the Defendant entered into a contract with C to purchase the instant land at KRW 21 million with the Plaintiff, who is a Eastern, through C. Around December 15, 1997, the Defendant paid KRW 21 million to C, including the down payment of KRW 18,697,00 that C paid to Korea Land Corporation, and the subsequent payment of the purchase price to Korea Land Corporation was made directly to Korea Land Corporation. Around that time, the Defendant paid KRW 21 million to C.
(3) Meanwhile, in early 198, the Defendant sold D apartment 911 Dong 1302, which was owned by the Defendant to the Plaintiff for the payment of the purchase price of the instant land, and issued KRW 2.5 million, which was part of the paid money (including KRW 245 million in wife, but the Defendant brought about KRW 40 million thereafter) to the Plaintiff.
(4) Afterwards, the Defendant paid the remainder of KRW 168,273,00 for the purchase price to the Korea Land Corporation via the Plaintiff (=186,970,000 for purchase price – KRW 18,697,00 for the down payment paid by C) (However, the Defendant paid damages for delay of the Plaintiff’s purchase price at a separate rate of KRW 43,841,080 for delay), and received the registration of ownership transfer for the instant land from the Korea Land Corporation on February 18, 2003.
B. The Plaintiff’s loan.