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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
A. The Defendant is a company established for the purpose of real estate business, etc., and the C shopping mall management body (hereinafter “instant management body”) is a management body composed of all sectional owners of the C shopping mall, which is an aggregate building in Seoul Jung-gu, Seoul, pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “instant shopping mall”).
B. On April 6, 2017, the Defendant and the instant management body concluded a memorandum of understanding on the salesroom occupants of the shopping mall in this case.
The Jung-gu Seoul Metropolitan Government G Building (12 floors) and the C shopping mall management body (A) and B (B) of the Jung-gu Seoul Metropolitan Government (12 floors) enter into a memorandum of Understanding with a view to stipulating the mutual rights and obligations of the 4th, 5, 6, and 7th, above the ground in the C shopping mall and implementing it in compliance with the good faith principle.
Section 1 (Purpose) The purpose of this Agreement is to provide for the procedures and processes for the cooperation of Section B so that the salesroom occupants of Section B may be realized by entering into a lease agreement in a lump sum with the owners of the divided owners at the location of the four, five, six and seven stories above the ground of the shopping mall.
Article 2 (Effect, Period, and Obligations) ① After the conclusion of this Agreement, the provisional administrator Gap, the representative of Gap, deposits KRW 300 million with the performance bond in the account of Law Firm H in which the representative attorney is the representative attorney-at-law (the said performance bond shall be converted to the deposit in the principal contract of lease) at the same time as the deposit of the above amount.
2. When the above money is deposited in the above account, Gap shall be held responsible for providing the above money to Eul with at least 95% lease agreement and attached documents from sectional owners of the fourth, fifth, sixth, and seventh floor above ground within three months.
Provided, That where the collection of a lease contract and attached documents does not fall short of 95% within the deadline in the course of the original process of construction of the lease contract and attached documents, it shall be allowed to extend the period of requisition by mutual agreement.
Lease contract and attached documents.