기타(금전)
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The reasoning for this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Standards for the settlement of sale price and the scope of obligations for sale price;
A. The Plaintiff’s assertion 1) The instant lease contract plans the settlement of the purchase price following the increase or decrease in the size of the store determined by lot. Of the sale price, “the remainder of the sale price excluding rental deposit” should be settled in proportion to the increase or decrease rate of “exclusive area” pursuant to Article 4(1) of the instant lease contract. On the other hand, “rental deposit” should be settled in proportion to the increase or decrease rate of “lease area added to the exclusive use area” pursuant to Article 5(1). Meanwhile, the exclusive use price set forth in the instant lease contract is 3.9 square meters, and the standard sale area is 13.22 square meters. (2) The initial sale price is 259,050,000 won (86,350,000 x 3). Since the Defendant’s settlement price allocated through lot is 2,1326,687,700, 1309, 2309, 239, 2084, 209, 20394, 2094.2
3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 63,83,800, excluding the already paid KRW 224,510,000, out of the total amount of the sale price, and delay damages therefor. (B) The Defendant’s provision on the settlement of the lease sale contract of this case concerning the settlement of the lease sale contract of this case is governed by the Act on the Regulation of Terms
In light of the relevant provisions, the term “sale area” in the latter part of Article 5(1) of the Lease Sale Contract of this case ought to be deemed to mean “exclusive area” rather than an area for common use. Therefore, the entire sale price, including rental deposit, should be settled in proportion to the increase and decrease rate of exclusive use area. (c) Determination 1).