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No. 104 of the deed drawn up on July 16, 2012 by a notary public against the plaintiff of the defendant, the joint law office of the defendant, No. 104.
Reasons
Basic Facts
D Co., Ltd. (hereinafter “D”) entered into a contract on July 2, 2007, to purchase KRW 104,000,000,000 for the remaining shopping district by the floor (hereinafter “instant shopping district”) excluding the portion of co-ownership among the total area of 25,539.44 square meters in a five-story apartment complex outside Seoul Songpa-gu, Seoul and five-story apartment complex, and the total area of 5-story apartment complex in the five-story apartment complex (hereinafter “instant association”).
(A) On February 29, 208, H (Defendant’s wife), and I (hereinafter “H et al.”) concluded a lease agreement with D to lease the first floor Nos. 148, 149, and 150 (hereinafter “instant store”) of the instant commercial building as the lease deposit amount of KRW 1,200,000,000, and the lease term of KRW 5 years from May 1, 2008 to April 30, 2013.
H et al. operated K’s house with the trade name of J at the instant store, and sublet the instant store to K on February 11, 2009 under the condition of KRW 50,000,000, monthly rent of KRW 2,000,000.
(B) Around March 4, 2009, L Co., Ltd. (hereinafter “L”) entered into a contract to purchase KRW 20,328,502,00 of the five-story stores in the instant commercial building from D on March 4, 2009 (excluding Nos. 501-517, 501 after 501).
(A) On September 28, 2009, the instant union terminated the sales contract on July 2, 2007, when it delayed the payment of the remaining sales price, excluding D’s KRW 71,80,000,000.
L, which entered into with D on March 4, 2009, rescinded the above sales contract on November 11, 2009 on the ground that it was impossible to carry out the contract on March 4, 2009.
(A) The purchase of L, and the preparation of a written agreement, L, on December 14, 2010, shall be from the Korea Land Trust Co., Ltd., the trustee of the instant commercial building, seven stores underground, including the instant store, and one story.