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(영문) 서울고등법원 2017.05.16 2016나2040420

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. The Plaintiff’s status 1) F market reconstruction business association (hereinafter “F market reconstruction business association”)

) On the ground of 4,144.3 square meters on which the former G market and H market site were located, the store named “J” (hereinafter “instant commercial building”) is located in the name of “J”.

) A newly-built reconstruction project was promoted, and Man-Magnb Co., Ltd. (hereinafter “In-the-counter company”).

(2) The Plaintiff, as a member of the Nonparty Union, owns K, M, and N jointly with the 6th floor No. 98 square meters of the instant commercial building (hereinafter “instant store”) of the 6th floor of the instant commercial building (hereinafter “instant commercial building”).

[113/30 of shares), K (1113/30 of shares), L (372/30 of shares), M (422/30 of shares), the registration of ownership was completed on October 15, 2010, and L's share was transferred to N on October 14, 2013.

On April 30, 2008, the Defendant entered into a lease contract between the Defendant and the Nonparty Company (hereinafter “instant lease contract”) on the right to lease of the divided stores in the instant commercial building that is scheduled to be newly constructed in the future between the Nonparty Company and the non-party Company, the executing agent of the non-party union.

(2) According to the instant lease contract, the buyer (the Defendant) entered into a contract with the number of the floors and the Gu unit (on the basis of the exclusive use area of 3.9 square meters per unit) of the instant commercial building, and paid the seller (the non-party company) the “lease deposit” and the “sale price excluding the lease deposit” to the seller, but if the store becomes final and conclusive by drawing the specific location of the store, the buyer entered into a lease agreement separate from the sectional owner (the lessee) of the determined individual shop, and the rent shall be paid every month during the lease period (10 years after the opening of the store).