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1. Defendant (Counterclaim Plaintiff) B: (a) 1/2. each of the 10,895 square meters and E forest land of 10,895 square meters and 245 square meters for the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff, upon purchasing forest and field as well as Defendant C, agreed to carry on the business with the aim of raising gains by selling and selling them by dividing them after purchasing and constructing a housing site.
(hereinafter referred to as this Agreement). B.
For this purpose, the Plaintiff entered into a sales contract with H on September 17, 2010, with the purchase price of KRW 300,000,000 (the area was corrected to 16,405 square meters thereafter; hereinafter “the forest before the instant division”) for the purchase price of KRW 300,000,000, down payment of KRW 45,000,000, and the remainder of KRW 255,000,00 (the payment shall be made on October 28, 2010).
However, upon Defendant C’s request, Defendant B (Defendant C’s son) was entered in the sales contract as a joint purchaser.
C. The Plaintiff paid the full amount of KRW 300 million by October 28, 2010, and on the same day, the registration of ownership transfer between the Plaintiff and Defendant B as co-owners 1/2 was completed.
On October 28, 2010, the Plaintiff obtained a loan of KRW 150,000,000 (hereinafter “instant loan”) from the Seocho-dong Saemaul Depository under the name of the Plaintiff on October 28, 2010. To secure this, the registration of creation of a mortgage and the registration of creation of a superficies have been completed in the future of the Seocho-dong Saemaul Depository.
E. On April 6, 2011, forest land before the instant subdivision was divided into 10 forest land, including 6 forest land listed in the separate sheet, and part of G, one of which was subdivided into 103 square meters of I forest land on July 25, 201, and was finally subdivided into 11 forest land.
However, the transfer registration of ownership has been completed for some forest land to a third party on the grounds of sale, etc.
The detailed status shall be as listed in the following table:
1D 10,895 Plaintiff, Defendant B 1/2 shares, respectively, - 2 J 800 K on May 3, 2016, and 1/2 shares in N on June 24, 201.