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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 20, 2016, the Defendant: (a) concluded a sales contract of KRW 2,100,000,000 with respect to the Plaintiff’s Jongno-gu Seoul, D, E and ground buildings (hereinafter “the instant real estate”) owned by the Plaintiff; (b) agreed to pay KRW 840,00,000 for the intermediate payment on September 20, 2016; and (c) paid KRW 1,050,000 for the remainder of November 21, 2016.
(hereinafter “instant sales contract”). B.
At the time of the instant sales contract, the Defendant and the Plaintiff agreed to succeed by the buyer, and the deposit will be deducted at the time of the remainder.
"The special agreement was made with the content."
C. On September 20, 2016, the Defendant paid to the Plaintiff KRW 210,00,000,000 for the down payment, and KRW 840,000 for the intermediate payment on October 20, 2016.
On the other hand, at the time of the instant sales contract, the instant real estate was entered into a lease agreement of KRW 68,000,000 for total amount of lease deposit, as stated in the “Deposit Deposit” column in the attached Table.
E. On November 22, 2016, the Defendant paid the remainder of KRW 982,00,000,000 calculated by deducting the total amount of lease deposit from KRW 1,050,000,000 to the Plaintiff, and completed the registration of ownership transfer with respect to the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The Plaintiff asserted that at the time of the instant sales contract, the Defendant subscribed to a lease agreement concluded on the instant real estate and agreed to pay the remainder other than the deposit for lease as the remainder.
In addition, the defendant agreed to pay a balance after deducting the overdue rent from the lease deposit upon receipt of the confirmation letter of the remaining lease deposit.
Accordingly, the Plaintiff’s lease deposit remains in arrears, excluding F’s lease deposit of KRW 16,270,000 as of November 21, 2016.