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1. The Plaintiff (Counterclaim Defendant) is paid KRW 13,00,000 from the Defendant (Counterclaim Plaintiff) to the Defendant (Counterclaim Plaintiff) in Dong-dong.
Reasons
1. Basic facts
A. On September 26, 2014, with respect to the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) owned by the network C, the purchaser and the purchaser were drafted with the Defendant a trade reservation document (hereinafter referred to as the “instant purchase reservation”). The main contents are as follows:
Article 1 Section A (C) and B (Defendant) shall make up for sale and purchase of the instant real property owned by Party A at the price of KRW 73 million.
Article 2 Section B provides Party A with this reservation deposit amount of KRW 60,000,000,000, and Party A shall receive the said money in full.
Article 3. The date of completion of the trade reservation shall be September 25, 2016, and the trade shall be deemed to have been completed as a matter of course without the B’s declaration of intention to complete the trade.
When the sale and purchase has been completed pursuant to Article 4 (3), a sales contract for the above real estate between Gap and Eul shall be concluded, and Gap shall receive the remainder after deducting deposit money referred to in Article 2 from the price referred to in Article 1, and simultaneously deliver and order the above real estate to Eul.
B. On September 26, 2014, the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) was completed on September 26, 2014, based on the trade reservation made by the Defendant on September 26, 2014.
C. Since June 2, 2015, as C died on June 2, 2015, the Plaintiff and Nonparty D, the deceased’s inheritor, shall independently consult on the instant real estate to be inherited by the Plaintiff, and on September 23, 2015, the Plaintiff completed the registration of ownership transfer on the ground of inheritance due to a consultation and division made on June 23, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3
2. Determination as to the claim on the principal lawsuit
A. The provisional registration of this case’s assertion is invalid as a false declaration of conspiracy.
(P) The Defendant, even if not invalid, shall pay KRW 73 million according to the Preliminary Agreement signed by C on September 26, 2014.