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(영문) 서울중앙지방법원 2016.11.18 2016나11966

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. Facts of recognition;

A. A. B reconstruction project association (hereinafter “instant association”) promoted a project to build a new commercial building in the name of “F” (hereinafter “instant new building project”) on the premises of the Dongdaemun-gu C market and the Seoul Jung-gu Seoul Special Metropolitan City E-gu 4,144.3 square meters (hereinafter “F”).

On September 12, 2002, the Plaintiff is an executing agency which entered into a general execution contract on the implementation of the instant new construction project with the instant association and the sale of the right to lease of commercial buildings in this case.

B. On March 18, 2008, the Plaintiff, as a general execution agent and sales agent of the instant commercial building, entered into a “F Lease Sales Agreement” (hereinafter “instant lease sale agreement”) with the Defendant on the six-story unit of the instant commercial building (the exclusive use area of 3.9 square meters per unit), with respect to the six-story unit of the instant commercial building as follows.

Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:

The target store: The scheduled date of occupancy in the 6th floor (3.9 square meters for the exclusive use area of the 3.9 square meters): December 2009 (it may be changed according to the process, and the period of saleroom occupants may be changed thereafter). (2) The specific location of the store shall be drawn after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lot.

(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and a relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) The following rent out of the rent shall be as follows, and where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made pursuant to Articles 4 and 5, and additional taxes shall be separately imposed:

20% of the total amount of divided rent (cost) rent, 65,00,00 rental deposit, 38,500 rental deposit, 26,50,000 rental deposit, and 20% of the total sales price, 7,700,700,300, 500 rental deposit, and 530,000, 13.