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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On September 28, 2012, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant store”) from the Plaintiff with the lease deposit of KRW 30 million, KRW 1.5 million per month, and the lease term of KRW 1.5 million from October 15, 2012 to October 14, 2015 (hereinafter “instant lease contract”). The Defendant has been running a business by delivery of the instant store.
B. On October 17, 2013, the period of the instant lease agreement, the Defendant: (a) purchased the instant store from the Plaintiff for KRW 185 million; and (b) paid the down payment of KRW 145 million on the date of the contract (as to the down payment of KRW 30 million, the Defendant decided not to refund the deposit amount of KRW 30 million under the said lease agreement; and (c) paid the remainder of KRW 40 million on November 20, 2015 (hereinafter “instant sales agreement”); and (d) agreed to pay the remainder of KRW 40 million on November 20, 2015 (hereinafter “instant sales contract”); and (e) the main contents are as follows.
The sales contract shall be paid at the time of a contract the down payment of KRW 145 million in KRW 100 million, and the balance of KRW 40 million shall be paid on November 20, 2015.
(Transfer of Ownership, etc.) The seller shall deliver all the documents necessary for the registration of ownership transfer to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be November 20, 2015.
(Extinction of Restricted Real Rights, etc.) If there is any reason to restrict the exercise of ownership, such as a mortgage established on the real estate in question, the seller shall remove the defect and burden of the right, until the balance is received, and transfer the full ownership to
(A) TWIT ACT. - Any balance of KRW 40 million 350,000 shall be paid to the seller on the 19th day of each month in the form of monthly rent of KRW 350,000 per month. The transfer tax portion shall be borne by the seller when selling and selling in the amount of KRW 185,000,000,000,000,000 won, and shall be borne by the seller when selling and selling in the amount of KRW 145,000
The Plaintiff and the Defendant are separate from the instant sales contract on October 17, 2013.