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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In relation to Hho Lake (hereinafter “the apartment of this case”), the establishment registration of the mortgage over the maximum debt amount of KRW 100 million was completed.
C. On September 1, 2015, D and I Co., Ltd. (hereinafter “I”) entered into an agreement on the premium for commercial marina trading (hereinafter “instant marina trading agreement”) with I to acquire the instant marina (hereinafter “instant marina trading”).
The main contents of the instant marina underwriting agreement are as follows.
Article 1 (Payment of Premiums) A new lessee (I, hereinafter the same shall apply) shall pay premiums to lessees (D; hereinafter the same shall apply) as follows:
The amount of total premium shall be paid and received at the time of the contract at the time when the contract is made, including the 1,500,000,000 additional tax (including rental deposit) 1,50,000,000 won (Won 1,50,000). The amount of the first intermediate payment (payment on September 1) shall be paid on September 4, 2015.
The second intermediate payment shall be paid on September 7, 2015.
Any balance of lurl0 million won (770,000,000) shall be paid on September 10, 2015.
* If a lease contract is not concluded between a lessor and a new lessee by the outstanding payment date, the lease contract date will be deemed the outstanding payment date.
Article 2 (Obligations of Lessees) (3) The lessee shall transfer the following tangible and intangible property value in return for the premium until the new lessee pays any balance:
1. On the 11. On the 11. On the 11. On the 11. On the 10th day selling goods, the sales shall be paid after deducting the outstanding amount from the customer after the inventory of the goods.
(Purchase cost deduction) 3% of the total amount of grain, miscellaneous, office, and gyms shall be 12. The number of irons shall be 12. The place of sub-lease business, the number of refined land deposit (sale price) shall be succeeded.
(Attachment of Contract)
D. JJA filed an application for auction on the instant apartment as the first collateral security regarding the instant apartment, and filed an application for the auction on June 8, 2017, the Suwon District Court Sung-nam Branch C.