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1. The Defendant (Counterclaim Plaintiff) C: (a) KRW 186,373,292 against the Plaintiff (Counterclaim Defendant) and its related amount from December 15, 2016 to August 17, 2017.
Reasons
1. Basic facts
A. On December 6, 2011, the Plaintiff, the owner of D Dae-si, D 826 square meters, G large 68 square meters, E large 159 square meters (the land of the said three lots was originally D forest land and 1,653 square meters, but was divided as above on June 1, 2012) and F.38/3025 square meters, among F.3,025 square meters (hereinafter referred to as “the land of the said three lots and the said road,” collectively referred to as “instant land”), was the owner of the land of the said three lots and the said road, which was the owner of the said three lots, newly constructed two bonds on the instant land at Defendant B’s expense and divided them into one bonds, and the owner of the building divided the two lots (the instant land) under the name of the Plaintiff and Defendant B, after completion of the roof construction work, and entered into a joint name with the Plaintiff and Defendant B’s name separately.
(hereinafter “instant contract” and “the instant construction work” under the instant contract. B.
On March 9, 2013, the Plaintiff entered into an agreement between Defendant B and Defendant B on the completion of the instant construction by August 31, 2013, and, if the completion is not possible by the said completion date, the Plaintiff paid damages of KRW 3 million per month to the Plaintiff, and if the instant contract is terminated due to Defendant B’s mistake, Defendant B renounced the instant construction site.
C. On May 9, 2014, Defendant B, according to the instant contract, renounced the ownership of Defendant B’s share among the instant land, and delivered to Defendant C a “written waiver of real estate shares” (hereinafter “written waiver of real estate shares”) to the effect that Defendant C succeeds to all rights. On May 12, 2014, the Plaintiff sent to Defendant B the “written waiver of real estate shares” accompanied by the written waiver of real estate shares (hereinafter “instant notice”) with content certification and notified Defendant C that he will undertake and complete the instant construction under an agreement with Defendant C.
The plaintiff is the defendant on September 17, 2014.