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1. The Plaintiff (Counterclaim Defendant) that was changed in this court filed the principal claim against the Defendant (Counterclaim Plaintiff) D.
Reasons
Basic Facts
The relevant Plaintiff Company is a corporation that operates a gas station in each of the instant real estate (hereinafter “instant gas station”) and engages in wholesale and retail business of petroleum products.
E constructed a gas station in this case to a person who constructs a gas station with investment and sells it.
Plaintiff
B is the only director of the Plaintiff Company from January 28, 2008 to April 28, 2009.
Plaintiff
The total number of shares issued by the company is 5,000 shares, and as of January 28, 2008, among the shares 5,000 shares issued by the plaintiff company, the register of shareholders is registered as shareholders holding the plaintiff B 2,250 shares, F and G 1,250 shares and 1,50 shares, respectively.
Defendant C and D are married couples.
Defendant C, through E on February 19, 2009, purchased each of the real estate of this case, which is the site and building of the gas station in this case between the Plaintiff Company and the Plaintiff Company, at KRW 2,220,000,000. However, KRW 250,000, the intermediate payment of KRW 440,000 on the date of the contract, and KRW 420,000 on May 30, 2009, the intermediate payment of KRW 420,000 out of the remainder shall be paid on August 19, 2009, respectively, and KRW 1,110,00,000 out of the remainder shall be paid on August 19, 209, the remainder of KRW 1,110,00,000, under the name of the mortgagee C (hereinafter “H bank”).
(hereinafter “instant sales contract”). The instant sales contract contains special terms and conditions as follows:
[Matters of Special Agreement]
1. The buyer has succeeded to the full amount of 1,10,000,000 won of the loan that the seller owes to the H Bank, and has been implementing gold 1,50,000,000 won additional loans from J Bank (or one financial right bank) around five months, and redeems the full amount of the existing H Bank loans and pays to the seller a sum of 440,000,000,000 won as part payments on the date of the additional loan.
provided that additional loans are delayed.