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1. The defendant (Counterclaim plaintiff) delivered each real estate listed in the separate sheet from the plaintiff (Counterclaim defendant) at the same time.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On April 3, 2015, the Plaintiff and the Defendant sold each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (hereinafter “instant real estate”), and the real estate listed in the separate sheet (hereinafter “instant house”) to KRW 128 million. The down payment is KRW 10 million on the date of the contract, intermediate payment 20 million on April 10, 2015, and the remainder KRW 90 million was paid on April 30, 2015, and entered into a sales contract to deliver the instant real estate to the Defendant by April 30, 2015 (hereinafter “instant sales contract”).
B. The Defendant paid to the Plaintiff the down payment of KRW 10 million on the day of the contract, and KRW 28 million on April 8, 2015, the intermediate payment of KRW 20 million, and part of the remainder of KRW 28 million, but did not pay the remainder of KRW 70 million.
C. On April 8, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate transaction on the ground of the instant transaction. The Plaintiff’s ASEAN as the lessee with respect to the instant real estate in order to secure the payment of the remainder, and the Plaintiff drafted a lease contract with the Defendant for the deposit amounting to KRW 70 million and the lease term up to May 10, 2015, which is the remainder payment date.
C Upon delegation of all the authority of the Defendant to commission the preparation of a notarial deed from the Defendant, C and the Defendant, if the Defendant did not refund the said deposit of KRW 70 million by May 30, 2015, written as of May 8, 2015, a notarial deed of debt repayment with the content that recognizes the absence of objection even if they were subject to compulsory execution (No. 334, 2015). On May 7, 2015, the Defendant, on May 7, 2015, was the preceding day, “A notary public is deemed to have caused significant and apparent defects arising from a seller in the course of the instant sale, so that C and the Defendant will dismiss all the authority set forth in the power of attorney and cancel the act of representation by delegation.”