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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 17, 2012, the Plaintiff entered into a lease agreement with the Defendant on each of the following terms: (a) the lease deposit amount of KRW 150 million; and (b) the lease deposit of KRW 160 million; and (c) the period from November 16, 2012 to November 16, 2014 (hereinafter “instant first lease agreement”).
B. At the time of concluding the first lease agreement of this case, the Plaintiff and the Defendant determined that “the status of the right to sell is a lease agreement as of the date of the contract, and the ownership transfer is entered at the same time on the balance date, and bank loans worth KRW 130 million shall be established on the balance date, and the moving-in report of the lessee shall be conducted subsequent to
C. On December 31, 2012, the Plaintiff concluded a lease agreement (hereinafter “instant secondary lease agreement”) with the Defendant, setting the lease term from December 31, 2012 to December 31, 2012, with the lessee as the husband of the Defendant (the Defendant’s husband’s agent) and with the lease deposit as KRW 150 million, and with the lease term as from December 31, 2012 to December 31, 2014.
The lease agreement prepared at the time of the conclusion of the instant secondary lease agreement is a special agreement, and is, at the same time as the lease agreement in the status of the right to sell in lots as of the date of the contract, and is, at the same time as the transfer of ownership. A lessee’s move-in report shall be made after the bank loan is executed. The remainder of KRW 110 million shall be paid on December 31, 2012, and the remainder of KRW 24 million shall be reduced to KRW 130 million on February 15, 2013. If the Plaintiff fails to reduce the bank loans (234 million won at the time of the conclusion of the contract) to KRW 130 million,00,000,000 won, the said apartment loan shall be paid on February 15, 2013.
E. On December 31, 2012, the Plaintiff entered into the instant secondary lease agreement, the Plaintiff’s “Defendant” shall reduce the obligation of prior collateral security to KRW 130 million by February 15, 2013.