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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. On July 21, 2004, the Plaintiff: (a) was divided between E and E on July 21, 2004, into KRW 3,300 square meters (1,000 square meters (1,000 square meters) out of KRW 5,950 square meters (1,00,000, including 70 square meters in the road site according to the special agreement) (the sale object is 1,070 square meters) (the above D forest was divided into KRW 1,070 on October 21, 204, and KRW 4,547 square meters in C forest and 1,403 square meters in D forest and 1,403 square meters, and the Defendant did not dispute the above part of the sale object; and (b) concluded a sales contract to purchase KRW 200,000,00 in the purchase price.
At the time of the conclusion of the above sales contract, the Plaintiff agreed to pay the Defendant the remainder of KRW 80,000 in the intermediate payment of KRW 80,000,000 on August 20, 2004, and the remainder of KRW 100,000 in October 15, 2004, respectively, at the time of concluding the above sales contract. The Defendant received the remainder from the Plaintiff and provided all documents necessary for the transfer of ownership.
(However, according to the above sales contract, the Plaintiff paid the Defendant’s agent the down payment of KRW 20,000,000 on the day of the contract, and the intermediate payment of KRW 80,000,000 on September 16, 200.
B. On July 22, 2004, G representing the Plaintiff entered into a sales contract with E on July 2, 2004 to purchase approximately KRW 2,409 square meters (including approximately 730 square meters in a road site) out of approximately 5,950 square meters in Yangyang-gun, Gyeonggi-gu, Gyeonggi-do (hereinafter referred to as the “Defendant”) prior to the division (On the other hand, the Defendant asserted that the above part is about KRW 1,403 square meters in a D forest after the division, and that the Plaintiff did not dispute the above part; therefore, the Plaintiff did not object to the purchase of KRW 134,400,00 in a purchase price.
At the time of the conclusion of the above sales contract, the Plaintiff paid 20,000,000 won of the intermediate payment to the Defendant on August 20, 2004, and 64,400,000 won of the remainder on August 15, 2004, respectively, when concluding the contract.