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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On September 2, 2015, the Defendant purchased a building of 352.1 square meters and its ground-based 8-story (hereinafter “instant cartel”) in Ulsan-gu, Ulsan-gu, and completed the registration of ownership transfer on the 25th of the same month, and operated the telecom with the trade name “E” from that time.
In this process, on September 25, 2015, the Defendant: (a) completed the registration of creation of a mortgage over each of the maximum debt amount of KRW 3.4 billion in the future of G Co., Ltd. (hereinafter “G”); (b) on December 11, 2015, the establishment of a mortgage over each of the maximum debt amount of KRW 7.56 million in the loans from G; and (c) on January 7, 2016, the Defendant completed the registration of the establishment of a mortgage over the instant Mour with respect to the instant Mour, Inc. (hereinafter “G”); and (d) extended loans from H.
B. From July 29, 2016 to July 28, 2018, the Defendant entered into a lease agreement with C on the instant telecom with C (hereinafter “instant lease agreement”) with the term of lease from July 29, 2016 to July 28, 2018, with the lease deposit of KRW 1 billion, monthly rent of KRW 30 million (in advance) (hereinafter “instant lease agreement”), and the contents related to the instant case are as follows.
[Matters of Special Agreement]
3. At the time of sale of this real estate, this real estate will be sold within one month.
Provided, That there shall not be a monthly collection.
4. The lessor shall grant the registration of establishment of chonsegwon to the lessee when he receives any balance; and
5. A separate surtax and a separate rent for a parking lot (4,330,000 won per month);
6. When any balance is received, the lessor (the lessee shall be deemed to be a clerical error) shall make a registration of cancellation of the collateral security (the maximum amount of the claim shall be KRW 350,000,000 and the mortgagee/F).
7. Of the monthly rent of KRW 33,000,000 (including value-added tax), the lessee shall remit the amount of KRW 14,000,000 excluding the interest on G loans of KRW 19,000,000 to the lessor. The lessee shall pay KRW 19,000,000 for G interest.
8. Parking lot rents (gold 4,330,000) shall be transferred separately to a lessor;
C. C shall pay the Defendant a down payment of KRW 100 million on June 9, 2016 and KRW 900 million on July 29, 2016 under the instant lease agreement.