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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts do not conflict between the parties, or each of the following facts can be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 10, Eul evidence Nos. 1 and 2 (including each number), the witness K and C testimony of the first instance court, and the results of the submission order to the new bank business support center of the court of first instance to the new bank business support center of the court of first instance (including these facts that are obvious to this court).
Around February 2007, C and D purchased 12 stores in G apartment stores located in Songpa-gu Seoul Metropolitan Government (including each real estate listed in the attached list; hereinafter collectively referred to as “each of the instant stores”) in the name of C each of them (in the inside of them, C concluded a business agreement with each of the instant stores, whereby C would own 114, 115, and 117 among each of the instant stores, and D would own 16, 152, 155, 156, 160, 161, 162, 163, and 164-9 stores, respectively).
B. Pursuant to the instant business agreement, C shall pay interest of KRW 1,00,000 from the new bank (hereinafter “new bank”) at KRW 2.143% of the CD circulation profit rate for three months; interest rate for delay shall be 9% of the applicable interest rate for each of the instant loans (hereinafter “instant loans”); the remainder of the purchase price of each of the instant stores shall be paid to the new bank on March 14, 2007; and on the same day, the registration of ownership transfer was completed with respect to each of the instant stores in the name of C on March 14, 2007. On the same day, the new bank shall complete the registration of ownership transfer with respect to each of the instant stores in the name of 501 among the instant stores and the H in the Songpa-gu Seoul Special Metropolitan City, 209 among the buildings in operation, 201, 201, 201, 202, and 402 of the land and the building in Songpa-gu Seoul Special Metropolitan Government and its ground, with the maximum amount of debt.