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1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claims added in the trial are dismissed.
2. After an appeal is filed.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 4, 200, the Plaintiff obtained a building permit listed in the attached Table 2 (hereinafter “instant building permit”) on the building listed in the attached Table 1 List (hereinafter “instant building”) (hereinafter “instant building permit”).
B. On June 27, 2012, the Plaintiff concluded a contract with the Defendant to change the name of the owner of the instant construction permit (hereinafter “instant building owner”) from the Plaintiff to the Defendant and deliver the instant building to the Defendant (hereinafter “instant contract”) on June 27, 2012, stating that the purchase price of KRW 150 million is KRW 170,000 (the Plaintiff claimed that the Plaintiff is KRW 170,000,000, but it is insufficient to recognize the Plaintiff’s entries in the evidence No. 3-2 merely because the Plaintiff asserted that the Plaintiff would be KRW 150,000,000,000,000). On October 5, 2012, the Defendant written up and issued a written waiver of the down payment to the Plaintiff.
C. On October 17, 2012, the Plaintiff received KRW 27 million from the Defendant as part of the price of the instant contract, and KRW 37 million in total, as of March 8, 2013. On October 29, 2012, the Plaintiff changed the name of the instant building owner to the Defendant.
As the Plaintiff did not pay any balance under the instant contract, the Plaintiff sent a written notice to the Defendant to the effect that he/she would cancel the instant contract by content-certified mail on April 2013, but agreed on July 26, 2013, setting the balance between the Defendant and the instant contract as KRW 70 million and the Plaintiff was paid until August 31, 2013.
E. However, if the Defendant did not pay any balance by August 31, 2013, the Plaintiff, while filing the instant lawsuit, expressed his/her intention to cancel the contract at the complaint of October 23, 2013 stated on the date of first pleading of the first instance court, and thereafter, the lower court’s third instance judgment.