Text
1. Upon receiving a counterclaim, the Plaintiff (Counterclaim Defendant) filed a counterclaim with the Defendant (Counterclaim Plaintiff) C, amounting to KRW 8,000,000, and with respect thereto, July 2014.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established with the purpose of running real estate leasing business, etc.
B. On May 23, 2014, the Plaintiff entered into a sales contract with D to purchase each real estate listed in the separate sheet owned by D (hereinafter “instant land and building”) in KRW 1,705,00,000 (hereinafter “instant sales contract”) and paid KRW 170,000,000 as down payment to D on the same day.
C. Defendant C operates E-real estate consulting. The representative F of the Plaintiff’s representative director, in-house director G visited E-real estate consulting on the day of the contract and confirmed the current status of the instant land and buildings by visiting D according to the direction of Defendant B, who is an employee of the above consulting, and entered into the instant sales contract after examining the details of the registration, complete certificate, land cadastre, and building register.
The instant land and buildings are located inside the vicinity between H and I land in Jung-gu in Seoul, and there is a building J on the above H land and K on the above I land.
In the instant land and buildings, approximately 2.9m passage roads (hereinafter “instant passage roads”) are installed at the place where each of the above buildings passes through the alleys of a single L, only after passing through the said land and buildings.
E. The above J building was partially built on the instant land. For this reason, D’s decision of recommending reconciliation became final and conclusive on April 1, 201, by filing a lawsuit against M to claim restitution of unjust enrichment (Seoul Central District Court Decision 201Da2428933) against M to pay KRW 100,000 to M from April 1, 201 to the end of each month.
F. Since the above J building is constructed on a part of the land in this case, the building in this case is constructed on a site with part of the land in this case (188.2 square meters). Such contents are indicated in the building management ledger, but they are included in the entire registration certificate concerning the building in this case.