(영문) 서울중앙지방법원 2017.09.21 2017가단5122973



1. The defendant shall pay 30,809,200 won to the plaintiff and 19% per annum from May 1, 2010 to the day of complete payment.


1. Facts of recognition;

A. A. B market reconstruction association (hereinafter “B market reconstruction association”) implemented a market reconstruction project on the size of 4,144.3 square meters in Jung-gu Seoul, Jung-gu, Seoul, where the land for the Gu C market and D market was located, and implemented a new construction project of “F” commercial buildings with the size of 2 underground floors and 18 stories above ground (hereinafter “instant commercial buildings”).

B. On February 2, 2009, the Plaintiff entered into a general execution agreement with the non-party union on the instant commercial building construction project, and entered into a lease sale agreement with the Defendant to lease and sell two old units on the fourth floor of the instant commercial building (hereinafter “instant lease sale agreement”).

[F Lease Contract] Article 1 (Indication of Rentaled Real Estate) (1) The subject real estate is as follows:

The target store: The scheduled date of occupancy of the fourth floor (3.9 square meters for the exclusive use area of one unit): December 2009 (it may be changed according to the process, and the period of saleroom occupants shall be later notified). < Amended by Presidential Decree No. 21834, Dec. 2, 2009>

(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and a relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) The following rent out of the rent shall be as follows, and where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made pursuant to Articles 4 and 5, and additional taxes shall be separately imposed:

(2) The sale price shall be 48,50,000,000 rental deposit 38,500,000 rental deposit, excluding the rental deposit, and the sale price shall be paid by the 25th day of the designated month in installments as follows. The value-added tax shall be separately imposed on the sale price excluding the rental deposit:

Contract deposit for the payment of value-added tax, excluding rental deposit for rental deposits, shall be the payment rate of the payment date of the Gu.