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(영문) 서울중앙지방법원 2017.06.07 2016나7622

분양대금

Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 18,683,200 as well as its full payment from May 1, 2010.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 3, evidence Nos. 4-1, 2, and evidence Nos. 1 and 2:

The Plaintiff’s status as the Plaintiff entered into a comprehensive implementation contract with the Financial Reconstruction Association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3m2 in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”) and around September 12, 2002, which is the land for the Dongdaemun-gu B market and C market, and entered into a lease-sale contract with the said company.

B. On July 23, 2008, the Plaintiff entered into a lease contract with the Defendant on the three-story unit (3.9mm2) of the instant commercial building, as shown in the attached list, with regard to the lease sale price of KRW 98,00,00 (excluding value-added tax) (hereinafter “instant lease contract”).

C. Around February 24, 2010, the Defendant won the 3rd floor 120 shop (hereinafter “instant shop”). The exclusive use area of the instant shop decreased to 3.83 square meters and the sales area decreased to 12.90 square meters.

B. On March 19, 2010, the Plaintiff issued the details of the settlement and notified the Defendant of the payment by April 30, 2010 when he/she notified that the sales price, excluding rental deposit, was settled in accordance with the exclusive area (based on 3.9 square meters) and the “rental deposit” was settled in accordance with the leased area (based on 13.22 square meters). On March 19, 2010, the Plaintiff notified the Defendant of the payment of the amount payable until April 30, 2010. The rent determined after the settlement under the above settlement details = 101,843,200 won + the rental deposit 37,568,000 won + other sales price 58,432,000 won +