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(영문) 서울중앙지방법원 2016.09.02 2016나8007

기타(금전)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) B reconstruction project association (hereinafter “instant association”) promoted a new project to build a “F” commercial building on the ground of 4144m3m2 in Dongdaemun-gu Seoul Special Metropolitan City E-gu, Seoul Special Metropolitan City (hereinafter “instant commercial building”). On September 12, 2002, the Plaintiff entered into a comprehensive implementation contract with the instant association to acquire and sell the right to lease of the instant commercial building. 2) On June 12, 2008, the Plaintiff entered into an “F rental sale contract” with the Defendant as “general execution agent and seller” (hereinafter “instant rental contract”).

Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:

The target store: The scheduled date of occupancy in one unit of five stories (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 may be later notified). (2) The specific location of a store shall be drawn after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lottery.

(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 rent out of the rent out of the following rent shall be as follows, and where there is an increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5 and the surcharge shall be separately imposed:

(2) The sale price shall be 35,500,000,000 rental deposit 38,500,000 rental deposit, excluding the rental deposit of 74,00,00 rental deposit in the Gu portion.

The payment of value-added tax shall be limited to the payment of the sale price, excluding the rental deposit (cost) rental deposit.