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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 31, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with a deposit of KRW 200 million, monthly rent of KRW 12 million (Provided, That additional taxes and management expenses shall be paid separately), and five-year lease agreements between the lease period.
On February 4, 2015, the Plaintiff agreed to change the term of lease with the Defendant to five years from January 1, 2015 to December 31, 2019.
B. On April 30, 2015, the Plaintiff entered into a monthly rent of KRW 3 million (Provided, That additional taxes are separately paid) and a one-year lease agreement with the Defendant (hereinafter referred to as “each of the instant lease agreements”) with regard to real estate listed in the attached Table 4 as indicated in the attached Table 4.
On September 4, 2015, the Plaintiff agreed with the Defendant to pay KRW 100 million to the said lease agreement.
C. On October 28, 2016, the Plaintiff entered into a sales contract with the Defendant to sell each real estate (hereinafter “each of the instant real estate”) in the separate sheet, including each of the instant leased objects, for KRW 4.8 billion (hereinafter “instant sales contract”). The main content of the said sales contract is as follows.
Article 1 (Sales Price) The buyer shall make the sale price at the following intervals to the seller:
The special provisions of Article 9 shall apply mutatis mutandis to the purchase price of KRW 4.8 billion (contract amounting to KRW 100 million: KRW 100 million on October 28, 2016; KRW 4.6 billion on November 2, 2016; KRW 4.6 billion on January 16, 2017); provided that the special provisions of Article 9 shall apply mutatis mutandis to the remainder.
Article 2 (Transfer and Delivery of Ownership) (1) Upon receipt of any balance, a seller shall provide the buyer with all documents required for the registration of transfer of ownership, and deliver the balance to the buyer after being leased and used by the buyer at present.
(2) The day on which documents necessary for transferring ownership are delivered on January 16, 2017: The day on which real estate is transferred: January 16, 2017, which may be changed according to the balance date.