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(영문) 서울중앙지방법원 2016.07.07 2015가단5093002

분양대금

Text

1. The Defendant’s KRW 40,391,100 as well as the Plaintiff’s KRW 19% per annum from May 1, 2010 to March 5, 2015.

Reasons

1. Basic facts

A. On May 21, 2008, the Plaintiff entered into a lease sale contract (hereinafter “instant lease sale contract”) with the Defendant setting the sales price of KRW 125,950,00 (value-added tax on the sales price excluding the lease price of KRW 118,00,00,000) with regard to the total sales price of one unit of two commercial buildings in Jung-gu, Seoul (3.9 square meters in exclusive use, and the total sales area of KRW 13.22 square meters in total) located in Jung-gu, Seoul. The main contents of the instant lease sale contract are as follows.

Article 1 (Indication of Rental Real Estate) (2) Specific store locations shall be filled 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 sub-lease contract becomes void after preparing 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 rent out of the rent out of the following rent shall be as follows, and where there is an increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5 and the surcharge shall be separately imposed:

(2) The sale price in lots shall be paid by the 25th day of the designated month in installments in the following amounts: < Amended by Presidential Decree No. 118,000,000,000 won per day (Won 118,000,000); Presidential Decree No. 17750, Dec. 25, 2000; Presidential Decree No. 17575, Feb. 2, 2000; Presidential Decree No. 17568, Feb. 28, 2005>

20% of the advance payment of the value-added tax, excluding the deposit deposit, at the time of the separate payment date, 7,700, 15,900,000 15,90,590,000 25,190,775,000 11,925,925,00 1,192,500 192,500 192,500 18,892,500 15,775,000 15,75,000 15,775,000 11,925,192,192,192,500 18,50,500 30 or more of the advance payment date, 208 10,505,105,105,705, 195, 105, 105, 2008