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1. The Plaintiff (Counterclaim Defendant) paid KRW 45,630,300 to the Defendant (Counterclaim Plaintiff) and its related amount from July 5, 2016 to May 11, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 17, 2012, the Plaintiff is limited to the parcel number for the indication of land C, D, and E (hereinafter “land”) in Gangwon-do with the Defendant on February 17, 2012.
) The sales contract was concluded for the purchase of part of the land in installments (hereinafter “instant sales contract”).
(2) On February 17, 2012, the Plaintiff and the Defendant agreed to pay the remainder to the Defendant on the day following the date when the new lot number is given by dividing the land after obtaining a building permit, and at the same time, to implement the procedure for ownership transfer registration. (2) On June 17, 2012, the Plaintiff and the Defendant paid the Defendant a down payment of KRW 13 million as the down payment, and KRW 30 million as the intermediate payment on June 25, 2012 and June 26, 2012. On October 25, 2012, the Plaintiff and the Defendant agreed to obtain a permit for development activities, including the permit for development activities, in the name of the Dongdong-gun Administration in the name of the Plaintiff.
3) After that, as a result of the division and merger with respect to the land C, D, and E, the land subject to the instant sales contract and the sales price were determined as follows. - The land subject to the instant sales contract: ① the land subject to the instant sales contract (5m in the same end of the land divided from the land on February 5, 2013) (5m in the same end of the land divided from the land on February 5, 2013) ② the land prior to D (5m in the same end of the same end of the land divided from the land on February 5, 2012), ③ the remaining part divided into H, I, and J land on February 5, 2013; ③ the land was divided into the E and D land on February 27, 2012 (the part divided into E and divided on February 5, 2013) - the sales price of the instant sales contract 122,940,000 won x 631m square meters per x 681.
B. K, which was the denial of the Plaintiff’s preparation of the Plaintiff’s construction work and the Plaintiff’s construction work by passage, etc., is adjacent L, M, N,O, P, Q, R, and L. adjacent to the land subject to the instant sales contract.