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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. Facts of recognition;
A. The contract of this case (mutual performance note 1) between the Won and the Defendant (hereinafter “the contract of this case”) between the Plaintiff and the Defendant is the building of J No. 1 Dong, G M No. 2 Dong, K M No. 3 Dong, K ground No. 3 Dong, and I ground No. 4 building (hereinafter “Dong”).
The Plaintiff and B (the representative director of the Defendant, and the Defendant at the time of establishment) were the owners of each of the heading rooms.
(A) On December 3, 2012, a contract which contains a content that part of each of the above real estate owned by the Plaintiff is sold to the Defendant and that part of the said real estate is jointly operated (hereinafter referred to as “first contract”).
(2) According to the above contract, B paid a total of KRW 400 million to the Plaintiff by February 6, 2013. 2) The Defendant, on April 17, 2013, prepared a mutual performance letter, which contains the following contents, on the following grounds: (a) each of the instant real estate owned by the Plaintiff and the second and fourth real estate (the underground floor has an underground floor and a ground floor; (b) the underground floor was a film museum and a neighboring facility; hereinafter “each of the instant real estate”; and (c) the underground floor among the above real estate was purchased at KRW 2.17 billion in the purchase price; and (d) the Defendant purchased KRW 60 million in cash and paid KRW 170 million in the purchase price; and (e) the remainder is the acquisition of loan obligations, and written changes in the terms of the said contract:
(2) The Plaintiff and the Defendant agreed to partly amend the terms and conditions of the first agreement as follows, and conclude the present agreement. Article 2 of the Defendant shall acquire each of the instant real estate owned by the Plaintiff on the following terms: (1) The purchase price shall be KRW 2.175 million (value-added tax is set aside separately).
(2) The terms and conditions of the payment of the purchase price shall succeed to the obligation of KRW 1.5775 billion for security loans from the Samcheon-dong Branch of the Bank on the real estate of this case, and the sale and purchase of each of the real estate of this case shall be made in cash.