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(영문) 서울중앙지방법원 2017.11.24 2016나71425

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

Facts of recognition

The Plaintiff entered into a lease contract with a reconstruction project association that promoted a reconstruction project of C commercial buildings on the ground of the Seoul Jung-gu Seoul, and entered into a "general implementation agency contract for C commercial buildings", and sold the right of lease on the above commercial building (hereinafter referred to as "instant commercial building").

On February 29, 2008, the Defendant entered into a lease agreement with the Plaintiff and the 3rd floor store on the ground of the instant commercial building (3.9 square meters on the exclusive use area of the 1st unit, 13.22 square meters on the basis of the parcelling-out area) to pay the rent as follows and purchase “lease” to purchase “Lease.”

(hereinafter referred to as “instant lease contract”). The total amount of the sale price of KRW 59,500,000 (in addition to the value-added tax), excluding rental deposit of KRW 38,500,000, the rental deposit of KRW 59,500 (in addition to the value-added tax), shall be paid by dividing the lease price of KRW 103,950,00 ( ② the lease price of KRW 2) into the contract deposit, the intermediate payment of KRW 1 through 4, and the remainder (the remainder payment date: October 25, 2009).

After paying the above rent, the Plaintiff and the Defendant agreed to settle the rent pursuant to Articles 4 and 5 of the contract in the event of a increase or decrease in the size of the store by lot (Article 1(2) of the lease agreement of this case), and agreed to the overdue interest rate on the rent of this case at 19% per annum.

(Article 3 of the lease contract of this case). The main contents of the lease contract of this case are as follows.

Article 2 (Payment of Price) (8) The buyer shall pay the sale price regardless of authorization, permission, delay, etc. related to the above market reconstruction project.

Article 4 (Lease-Out Area) (1) The rent-out area of a store shall be the area calculated by adding the area for exclusive use to the area for exclusive use, and the rent-out amount is equivalent to the area for exclusive use by each floor, as such, if there is an increase or decrease in the area for exclusive use after drawing a store, it shall be adjusted by adding up

(2)