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(영문) 서울중앙지방법원 2017.09.07 2017나13372

기타(금전)

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 9,388,600 for the Plaintiff and KRW 2010 for the Plaintiff

5.1. The payment shall be made from 1.

Reasons

1. Basic facts

A. On September 12, 2002, the Plaintiff entered into a comprehensive implementation contract with the Faupup Project 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 buildings”), which is the land for Dongdaemun-gu B and C, and conducted the lease sale of the instant commercial buildings.

B. On February 11, 2008, the Plaintiff acquired the right to lease from the sectional owners of the instant commercial building and entered into a lease agreement with G on the rent-sale price of KRW 55,000,00 (excluding value-added tax) as stated in the attached list (where the content of the two lease sale agreement is the same, each of the lease-sale price of KRW 55,000 (excluding value-added tax) among the instant commercial buildings (hereinafter “each of the lease-sale agreements of this case”).

C. On February 2010, G: (a) around 7, 2010, the store’s lot, settled rent, and the Defendant’s rent rent payment (1) was drawn at the 77,78, and 78 stores (hereinafter collectively referred to as “each of the instant stores”; and (b) in sequence, the store’s exclusive use area was 3.87 square meters; (c) the leased area including the store’s exclusive use area was 13.02 square meters; (d) the leased area was 3.87 square meters; and (e) the leased area including the store’s exclusive use area was 3.87 square meters; and (e) the leased area including this was changed to 16.74 square meters.

(2) On March 19, 2010, the Plaintiff notified the Defendant of the details of the settlement and the payment of the amount payable until April 30, 2010, when the Plaintiff notified the Defendant that the sale price, excluding the rental deposit (hereinafter “other sale price”), out of the sale price, was settled in accordance with the exclusive use area (based on 3.9 square meters). The “rental deposit” was issued when it was settled in accordance with the lease sale area (based on 13.22 square meters). The lease price determined after the settlement in the above settlement details is the instant case.