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(영문) 서울중앙지방법원 2015.06.19 2014가합575943

분양대금등 반환

Text

1. The Defendant’s KRW 141,00,000 as well as 5% per annum from July 4, 2006 to October 24, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 16, 2004, the Defendant entered into a lease agreement for the sale of D Private Station and the business facilities with the content that the Defendant rents at KRW 75 billion for thirty (30) years from the first floor to fourth (4) of D Private Station C, a light-line railway station located in Seodaemun-gu Seoul, Seoul (hereinafter “D Station”).

The Defendant created a large shopping center in the name of “E” (hereinafter referred to as the “instant shopping mall”) in the leased D Private Station, and decided to sell it to the buyers by dividing it into at least 1,400 small units, and entered into a sales agency contract with various sales agencies, and began to lease the store of the instant shopping mall by installing container boxes at the site of the instant shopping mall construction with the sales agency and using them as the sales office.

B. On August 10, 2004, the Plaintiff entered into a contract with the Defendant to purchase the shopping mall F store of this case at KRW 110 million (one-3 of them is a lease deposit, and the remainder is a rent for the twenty-year advance payment) (hereinafter “instant sales contract”). Since then, the Plaintiff entered into an agreement with the Defendant to pay the Defendant for development costs an amount of KRW 30 million equivalent to 30 million equivalent to the above sales price under the pretext of interior expenses, publicity expenses, etc. of the shopping mall (hereinafter “instant development expense agreement”). Accordingly, from August 10, 2004 to July 3, 2006, the Plaintiff paid the Defendant the aforementioned sales price, development expenses, and advance payment management expenses (a separate road).

Article 1 (Lease-Out Area) (1) of the Agreed Terms and Conditions (Lease-Out Area shall be included in the area to be shared, and the exclusive area of the leased area shall be 10% per unit of the leased area.