beta
(영문) 서울중앙지방법원 2016.02.05 2015가단5093200

기타(금전)

Text

1. The Defendant’s KRW 22,593,200 as well as 19% per annum from May 1, 2010 to March 6, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive implementation contract with Nonparty 4,144.3, which promoted a market reconstruction project on the old B market and the Seoul Jung-gu Seoul Special Metropolitan City (hereinafter referred to as the “E reconstruction project association”) on a new commercial building project, and the “F commercial building” (hereinafter referred to as the “instant commercial building”). According to the said contract, the Plaintiff is a company that sells the right of lease to the commercial building of this case, which is newly constructed by taking over the right of lease from the lessees of the Dongdaemun B and C market, who are members of the Plaintiff.

B. On August 9, 2008, the Plaintiff entered into a lease sale contract with the Defendant on the fourth floor of the instant commercial building (hereinafter “instant lease sale contract”) with the following content.

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

The target store: The 4th floor unit (3.9 square meters for exclusive use area of the Gu unit) and the target type of business: Children and sports occupancy scheduled date: December 2009 (it may be changed according to the process, and the period of saleroom occupants may be later notified) (2) The specific location of the store shall be set by lot 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:

(2) Value-added tax (limited to the sale price excluding rental deposit) of 48,50,000 won, excluding rental deposit of 38,50,000 won (91,850,000 won, including value-added tax) for rental deposit of 8,50,000 won, excluding rental deposit of 38,50,000 won.