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1. The intermediate confirmation of this case shall be dismissed.
2. On the Defendant (Intermediate confirmation Plaintiff) of the Plaintiff (Intermediate confirmation Plaintiff)
Reasons
1. Basic facts
A. The ownership relationship and lease relationship of the instant commercial building 1) each real estate listed in the separate sheet (hereinafter “instant commercial building”).
(E) the store attached to the D apartment located in Ulsan-gu, Ulsan-gu C (hereinafter referred to as “E store”).
2) On November 19, 1996, F Co., Ltd. completed registration of preservation of ownership on 37 stores E, including the instant commercial buildings.
3) On July 19, 196, Defendant A leased the instant commercial building from F Co., Ltd. for five years from the date of designation of the lease deposit amount of KRW 137 million and the lease deposit amount of KRW 5 million. From that time, Defendant A operated the said commercial building with the trade name of “G” in the name of “G” (hereinafter the said lease agreement is referred to as “instant lease”).
B. B. Merger H Co., Ltd. (hereinafter “H”)
On January 8, 1999, the company reorganization procedure was commenced by Seoul District Court 98Ma7206 on January 8, 199, and on September 3, 1999, the company merged F, a corporation under reorganization procedure, which was in progress, based on the decision of approval of the company reorganization plan (merger) by the above reorganization court. (c) On May 13, 2005, H’s administrator sold 37 stores to the reorganization court for public sale, submitted a proposal for the repayment of reorganization claims against security holders, and followed the public auction procedure.
2) On May 27, 2005, the Plaintiff purchased 37 stores E in sales amounting to KRW 4.139 billion and paid down payment KRW 414 billion in sales amount (hereinafter “instant sales contract”).
D. On March 8, 2006, when the remainder payment under the instant sales contract was delayed, H’s custodian and the Plaintiff entered into a special agreement on the transfer of ownership and the payment of remainder as follows.
(hereinafter “instant special agreement”). Indication of contractual real estate: D apartment 6 and H, located in Ulsan-gu I, Ulsan-do, shall be comprised of 6 and 37 units E in total.