1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is 38,000,000 won against the Defendant (Counterclaim Plaintiff).

1. The Plaintiff filed the instant lawsuit against the Defendant seeking payment of KRW 19 million on September 25, 2017 by asserting that the sales contract with the Defendant for the instant principal lawsuit was cancelled as the cause attributable to the Defendant regarding the legitimacy of the instant principal lawsuit, and accordingly, that the Plaintiff’s claim for reimbursement of KRW 19 million against the Defendant on September 25, 2017, by asserting that the down payment already paid by the Defendant was confiscated at KRW 19 million. The Defendant filed the instant counterclaim claiming that the said sales contract was rescinded due to the cause attributable to the Plaintiff, and that the Defendant filed the instant counterclaim seeking payment of KRW 38 million in total, by asserting that the said sales contract was rescinded, and that the Plaintiff thereafter filed the instant counterclaim seeking confirmation of the existence of the Plaintiff’s obligation against the Defendant based on the said sales contract as a result of forfeiture of down payment on April 3, 2018.

The filing of a counterclaim for the confirmation of the existence of the same obligation with respect to a claim for performance based on a certain claim is unlawful since the content of such claim is merely seeking a dismissal of the principal claim (see Supreme Court Decision 2005Da40709, Apr. 13, 2007). As such, the modified Plaintiff’s principal lawsuit is merely seeking a dismissal of the Defendant’s counterclaim, and it is unlawful as there is no benefit of confirmation.

2. Judgment on the counterclaim

A. (1) On June 5, 2017, the Defendant concluded the instant sales contract with the purchase price of KRW 190 million on the instant real estate owned by the Plaintiff. The key contents thereof are as follows.

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages)