기타(금전)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added a "additional Judgment" as to the assertion added by the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The judgment of the court below on the claim that the draw lot invalidation is invalid, the contract of this case provides that the sales price shall be paid in full seven days prior to the date of drawing lots in the store, and where it is impracticable for the party to attend, his/her spouse, lineal ascendants and descendants, and siblings may attend the store. The defendant unilaterally allocated the store of this case without the party or his/her agent's attendance even though he/she did not pay the sales price in full. Thus, the defendant asserts that the above allotment is invalid,
According to each entry of Gap evidence 1-1 and 2 (each lease contract), the location of the store in this case shall be determined by lot two months prior to the commencement date of the contract for the lease of this case (paragraph (1)), and the plaintiff shall notify the number of buyers at least one month prior to the opening date of the contract for the lease of this case, and in order for the buyer to participate in the public lottery, the full amount of the sale price shall be paid at least seven days prior to the opening date of the lot, and in case there is any settlement money under the contract for the sale after the lot, it shall be paid in full within 15 days from the date of the store lottery (paragraph (2)), and in case of the buyer excluded from the public lottery due to the reasons attributable to the buyer, such as the public lottery, the public lottery, and the unpaid sale price, it may be acknowledged that the plaintiff shall be assigned from the remaining unspecified shop (paragraph (3)).
However, the above provisions give opportunities to participate in the public lottery to the buyers who fully paid the sales price in full by seven days prior to the date of drawing the location of the store.