The plaintiff's counterclaim is dismissed.

Expenses for appeal shall be borne at a level of half won.

The purport of the claim and the appeal shall be 1.

Basic Facts

The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, and thus cites this part in accordance with the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The gist of the counterclaim Plaintiff’s assertion: (a) the decision of reconciliation was finalized or mediation was concluded between the lessee of the instant real estate and the lessee of the instant real estate by October 31, 2018; and (b) from around that time to October 31, 2018, notification of the payment of the remainder under the instant sales contract and receipt of the registration procedure for ownership transfer to the counter Defendant; (c) however, the counterclaim Defendant neglected the obligation to pay the remainder under the instant sales contract and the obligation to take over the registration procedure for ownership transfer.

Accordingly, the plaintiff suffered losses as follows, so the counterclaim defendant is obligated to pay to the plaintiff 30 million won among the counterclaim and delayed damages.

① Since November 2018 of the day after the Plaintiff removed the lessee of the instant real estate, KRW 6,450,00, an amount equivalent to the rent which could have been paid if the Plaintiff had not removed the lessee from office until March 2019, which was KRW 6,450,000, which is the amount equivalent to the remainder of the purchase price paid from November 201, 2018 to March 2019. ② If the Defendant, by October 2018, delayed the acquisition of the registration procedure for ownership transfer from October 2, 2018, would be likely to constitute two houses of 16,425,000, which is part of the damages incurred by the Plaintiff’s rapid sale of other real estate owned by the Plaintiff. ③ The remainder of the purchase price paid by the Defendant delayed to 85,00,000,000 x 2% of the delayed damages calculated autonomously by the bank at the time of time (=85,005,000,000) x 5.2).

B. In the event that both of the parties’ obligations are simultaneously in a bilateral contract, even if the fulfillment period for one of the parties’ obligations arrives, the obligor is not liable for delay of performance even if the other party’s obligations are not fulfilled (Supreme Court Decision 201Hun-Ga7, Jul. 10, 2001).