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1. The principal lawsuit against the Defendant (Counterclaim Defendant) Co., Ltd. shall be dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
Reasons
1. Facts of recognition;
A. The D Association (hereinafter “Nonindicted Cooperative”) reconstructed a commercial building (hereinafter “instant commercial building”) on the land of Jung-gu, Seoul. Defendant B is the owner of the 7th floor F (hereinafter “instant store”) among the instant commercial buildings (Defendant B obtained registration of preservation of ownership on October 15, 2010), and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) concluded a comprehensive execution contract for the construction of the instant commercial building between the Nonparty Association and the Plaintiff et al., and leased and sold each of the instant commercial buildings to the buyers including the Plaintiff.
B. 1) On March 13, 2008, Defendant Company concluded a lease sale contract with the Plaintiff with the following terms (hereinafter “instant sales contract”).
(1) Article 1 (Indication of Rental Real Estate): One unit of seven stories (3.9 square meters for exclusive use by the unit of one unit) (2) A specific store location shall be filled out after the remainder payment, and the sales price shall be settled according to the size of the store determined by lot.
§ 13.