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1. Of the instant lawsuit, 80,000,000 won and the above C building E are leased to the Defendant, when the building D heading of the Chungcheongnam-gun voice Group C is leased to the Defendant.
Reasons
Facts of recognition
On May 19, 2018, the Plaintiff sold to the Defendant the amount of KRW 649,708,750,750 (an amount of KRW 194,912,625, and the remainder of KRW 454,796,125,125, respectively at the time of completion of the contract) of the three-story D-208,750 square meters (only “D”) among the three-story residential buildings, which are five-story neighborhood living facilities of the 5th floor of the reinforced concrete structure, located on the Fa of the Chungcheong-gun Group F.
Until May 30, 2018, the Defendant paid KRW 513,612,625 out of the purchase price under D to the Plaintiff, and completed the registration of ownership transfer on May 28, 2018.
On May 19, 2018, the Plaintiff sold 750,000,000 won (an amount of KRW 170,775,000 at the time of the contract, and the remainder of KRW 58,225,00 at the time of completion) among the above C-building, to the Defendant of KRW 3 stories E-240,50,000 (hereinafter referred to as “E”) among the above C-building.
By May 30, 2018, the Defendant paid the Plaintiff KRW 59 million out of the purchase price under subparagraph E, and completed the registration of ownership transfer on May 28, 2018.
Therefore, the sum of the purchase price that the Defendant did not actually pay is KRW 386,096,125.
(1) At the time of the conclusion of the sales contract for D E, the Plaintiff promised to secure the Defendant the full amount of 70% of the sales price as the loan, and the full amount of the loan interest (in the case of D, the monthly rent of KRW 3 million, KRW 1,496,287, KRW 1,503,713, KRW 3300,000, KRW 1,728,729, KRW 1,571,271, KRW 271, KRW 300,000, KRW 3300,000, KRW 1,728, KRW 729, KRW 1,571,271, KRW 271).
As a result, the plaintiff and the defendant concluded the following special agreements at the time of conclusion of the above sales contract:
(1) To ensure that the Plaintiff, a selling company, has the right to lease the lease of subparagraph (d) and (e) to the Defendant, who is the buyer of the facility, until the purchase of subparagraph (d) and (e)
(2) The lease revenue guaranteed by the Plaintiff is KRW 3 million per month in the case of subparagraph (D) and KRW 3.3 million per month in the case of subparagraph (e).
(3) The agreement on the guarantee of the above lease proceeds remains effective from the time registration has been completed in the future of the defendant.
However, the defendant is granted a loan by 70% of the sale price.