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(영문) 서울중앙지방법원 2017.10.12 2016나51452

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. On September 12, 2002, the Plaintiff entered into an overall implementation contract with the Faupupup Association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3 square meters in Seoul, Jung-gu, Seoul (hereinafter “instant commercial buildings”), which is the land for the Dongdaemun-gu B market and C market, and conducted the lease sale of the instant commercial buildings.

B. (1) On May 17, 2008, the Plaintiff entered into a lease contract with the Defendant for the lease sale of the instant commercial building (hereinafter “lease sale contract of this case”) with the amount of KRW 82,00,000 (value-added tax separate) as indicated in the attached list, with respect to one unit of the second floor underground (3.9m2) among the instant commercial buildings, as to the lease sale price of this case, as indicated in the attached list.

(2) When concluding the instant lease contract, the Defendant prepared a written confirmation of the following contents (hereinafter “instant confirmation”).

In the conclusion of the lease contract for the right to lease of a sectioned store in the commercial building of this case, I confirm that the lease contract of this case is a lease contract, and that the lease price includes the lease deposit, and that only the lease deposit is refunded from the lessor at the time of termination of the lease contract with the lessor, I do not raise any objection against this.

C. Around February 25, 2010, the Defendant: (a) paid the rent for the lot, settlement of accounts, and the Defendant’s rent for the lease; (b) won from the store lottery of the instant shopping district under the instant lease contract to the 63-story store (hereinafter “instant store”); and (c) the exclusive use area of the instant store was 5.38 square meters, and the lease area, including it, was increased to 14.31 square meters, respectively.

(2) The Plaintiff is out of the rent to the Defendant around March 19, 2010.