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1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 160,706,137 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant was established on May 9, 2006 as a joint-invested corporation by Chungcheongnam-gu and Kudong Construction Co., Ltd. (hereinafter “Dakdong Construction”) in order to implement a project for creating a joint industrial complex (hereinafter “instant industrial complex”) of the size of 98,000 square meters (the disposal area at a cost is 593,988 square meters) in the Sinjin-si Seo-si, Chungcheongnam-gu, Seoul Special Metropolitan City pursuant to the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”).
B. On August 6, 2008, the Plaintiff entered into a contract with the Defendant to purchase 3,254,295,000 square meters of the instant industrial complex (the instant factory site was determined with the lot number and area as 16,500 square meters of the 629 square meters of the Seo-gu Seo-gu, Seo-gu, Seo-gu, Jin-do; hereinafter “instant factory site”) among the instant industrial complex, and paid 2,928,865,500 won in total as down payment and intermediate payment to the Defendant.
C. Major contents of the instant contract are as follows.
The contract of this case was subsequently scheduled to settle the sales price according to the total project cost and the finalized area, as seen below in Article 5.
Article 2 (Sales Price and Method of Payment) 3,254,295,000 of the purchase price and 325,429,500 of the purchase price and the down payment amount (10% of the purchase price) to the date of the separate payment agreement (10% of the purchase price) on August 15, 2008 shall be 650,859,000 of the first sale price (20% of the purchase price) to December 15, 2008 650,859,000 of the second sale price (20% of the purchase price) to the Defendant within 650,859,000 of the purchase price and payment method (20% of the purchase price) to the Defendant within 650,859,000 of the purchase price and payment method (20% of the purchase price and payment method) to the Defendant within 205,205,205,2605,205.