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(영문) 서울중앙지방법원 2015.05.14 2014가합573145

분양대금등 반환

Text

1. The defendant shall pay to the plaintiffs each amount stated in the attached Table's "request amount" and it shall be from September 22, 2006 to October 2014.

Reasons

1. Basic facts

A. On July 16, 2004, the Defendant concluded a lease contract for the sale of the New Village History and the business facilities with the content that the Defendant leases the first floor to the fourth floor of the New Village Station located in the New Village 74-12 located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter referred to as the “New Village Station”) for 30 years from the 75 billion won rent.

The Defendant created a large shopping center (hereinafter referred to as the “instant shopping mall”) in the name of the “new village residents’ hall,” which was leased as above, and decided to sell it to the buyers by dividing it into at least 1,400 small units, and entered into a sales agency contract with several sales agencies, and began to lease and sell the store of the instant shopping mall with the sales agency, which was installed a container stuff at the site of the shopping mall construction site of this case, and used it as the sales office.

B. The Plaintiffs entered into a contract with the Defendant to sell each store listed in the column for the number of units of the shopping mall of this case on each date indicated in the attached table sales slip (hereinafter “instant sales contract”) with each of the following contents (one-third of them is lease deposit, and the remainder is the advance payment of rent for 20 years). Thereafter, the Plaintiffs entered into an agreement with the Defendant to pay the Defendant development cost equivalent to 30% of the above sales price under the pretext of interior expenses, public relations expenses, etc. of the shopping mall (hereinafter “instant development expense agreement”).

C. After that, the Plaintiffs paid each amount indicated in the column for deposit in the attached Table to the Defendant with the above sale amount, development expenses, and advance payment management expenses.

The Agreed Terms and Conditions (the leased Defendant was drawn up as “A” and the buyer as “B”).