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1. Defendant B shall pay 4,233,140 won to the Plaintiff (Counterclaim Defendant) and 12% per annum from March 5, 2019 to the date of full payment.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. Defendant B owned 31,914 square meters in F salt farm 31,914 and 4,960 square meters in G salt farm before subdivision (hereinafter each land is specified as a parcel number) and Defendant B’s ASEAN promoted solar power generation projects in the name of Defendant D (H) and C (H’s wife) on the F land before subdivision around September 2017.
B. The Plaintiff asserted that J, K, and solar energy business was to be operated in partnership, and that part of the land purchased from Defendant B was transferred to Defendant D with the name of J and K, but only the Plaintiff was related to the instant case, and as such, only the Plaintiff is indicated below. On September 2017, the Plaintiff decided to purchase part of the land before the split-off and the G before split-off as KRW 57,500 per square meter (hereinafter “instant land”) between H and H that represented Defendant B around September 2017, the Plaintiff purchased 8,179 square meters from each of the above land and transferred 352 square meters from the said land to Defendant D, and the Defendants purchased 7,827 square meters from the beginning to 827,817,179, and 70 square meters from the split-off to 250 square meters (hereinafter “the instant land”). However, the Defendants purchased 750 square meters from the first 352 square meters to 2750 square meters (hereinafter “75 square meters”).
Accordingly, each of the above lands was divided.
C. After the partition of F and G land, the parcel number is as indicated in the annexed sheet No. 1, and the registration of ownership transfer was completed on June 15, 2018 in the name of the owner after the partition of the same Table on June 18, 2018.
The Plaintiff, Defendant D, and C promoted solar power generation projects in their own land where ownership transfer registration was completed under their own names, and during that process, the Plaintiff, Defendant D, and H represented by C is related thereto.