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1. The Plaintiff (Counterclaim Defendant) paid KRW 41,658,00 to the Defendant (Counterclaim Plaintiff) and KRW 36,942,00 to the Defendant (Counterclaim Plaintiff) and the above amount.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. On April 22, 2011, the Plaintiff entered into a sales contract with Defendant B to purchase the sum of D and E 10,741 square meters (hereinafter “instant one real estate”) for the following terms:
(hereinafter “instant sales contract”). - The total sales amount shall be KRW 2,436,00,000.
- The down payment for land sale shall be one million won.
- When the authorization is not permitted, it shall be returned without penalty.
- The intermediate payment and the remainder shall be paid simultaneously with the transfer of land registration after land transaction permission and completion of the change of establishment;
- When the buyer requests the change of the buyer due to the circumstances of the buyer, the seller changes the buyer.
On April 22, 2011, the Plaintiff concluded a sales contract with Defendant C to purchase F, G, 920 square meters (hereinafter “instant two real estate”; hereinafter “each of the instant real estate” collectively referred to as “each of the instant real estate”) with the following terms:
(hereinafter referred to as “instant two sales contracts” and “each of the instant sales contracts” collectively referred to as “each of the instant sales contracts”). - The total sales amount is KRW 2,100,000,000.
- The down payment for land sale shall be fifty thousand won.
- The intermediate payment and the remainder shall be paid simultaneously with the registration of land transfer after the permission for land transactions and the completion of establishment changes.
- The seller shall provide all the documents required for the land transaction permission and authorization and shall cooperate to the maximum extent possible.
- When the buyer requests the change of the buyer due to the circumstances of the buyer, the seller changes the buyer.
The Plaintiff paid each KRW 100 million (hereinafter “instant down payment”) to the Defendants as the down payment of each of the instant sales contracts.
B. On July 27, 201, in the name of the Defendants, such as approval for factory construction, a survey and design service contract for each of the instant real estate was concluded with H (IS). The Defendants were said.