beta
Text
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 15,00,000 to the Defendant (Counterclaim Plaintiff) and the amount from November 1, 2014 to February 6, 2015.
Reasons
1. The facts of recognition: To be deemed both a principal lawsuit and a counterclaim;
A. 1) The Plaintiff entered into a sales contract, etc. 301 square meters in Ansan-si (hereinafter “instant real estate”).
(2) On May 11, 2012, the Plaintiff entrusted the Defendant with the right to sell the instant real estate in KRW 150,000,000,000, based on the delegation received from the Plaintiff, and on May 11, 2012, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with Nonparty D with the terms that the purchase price for the instant real estate shall be KRW 150,000,000, and the down payment of KRW 20,000,000 among the down payment shall be KRW 14, May 14, 2012; the remainder 130,00,000,000, which shall be paid by May 18, 2012, respectively.
Meanwhile, according to the instant sales contract, if one of the parties fails to perform his/her obligation, the contract deposit was determined as the basis for compensation for damage.
3) According to the instant sales contract, Nonparty D remitted the down payment of KRW 20,000 to the Plaintiff on May 14, 2012. However, there was a dispute between the Plaintiff and Nonparty D as to the sales price pursuant to the instant sales contract. By May 18, 2012, the Plaintiff did not deliver documents necessary for the registration of ownership transfer on the instant real estate to Nonparty D, and Nonparty D did not pay the remainder of KRW 150,000 to the Plaintiff.
5. From May 25, 2012, Nonparty D sent to the Plaintiff a content-certified mail to the effect that, by June 1, 2012, Non-Party D would cancel the instant sales contract and claim the refund of the purchase price, the Plaintiff would cancel the instant sales contract without any response.
On May 29, 2012, the Plaintiff, who received the content-certified mail sent by Nonparty D, prepared for the remainder amount of KRW 180,000,000 to Nonparty D until June 14, 2012, and did not pay that amount until then.