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(영문) 서울중앙지방법원 2017.11.17 2017가합536017
임대분양대금반환 청구의 소
Text

1. Of the instant lawsuit, the Plaintiff A’s lawsuit against the Defendants is dismissed.

2. Defendant P Co., Ltd. is the Plaintiff B on 903.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant O-market reconstruction business association (hereinafter “Defendant Association”)

(2) On May 17, 2004, the Plaintiff: (a) the store owner of Q market located in Dongdaemun-gu Seoul on May 17, 2004 and approximately KRW 2,680 of the share holders of the land; and (b) the building, “S” (hereinafter “instant commercial building”) which is a modern commercial building on the ground of the land located in the said market, Jung-gu Seoul Metropolitan Government, the land of which

(1) The Defendant P Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established to carry out the business of selling the right of lease by newly constructing a new ownership.

(2) The Plaintiffs are the right holders to lease and sell the commercial building of this case between February 2, 2008 and March 2009.

B. 1) The Plaintiffs, from February 2008 to March 2009, agreed to designate the number of stores of the instant commercial building by later lot between the Defendant Company and the Defendant Company. The Plaintiffs, first of all, set the rental period at ten years after opening the commercial building and set the lease period at ten years after opening the commercial building (hereinafter “each lease contract of this case”).

Defendant Union concluded a contract for the sale of 2.38,50 on February 5, 2008, 2008, 2008, 30, 40, 400, 500, 608. 80, 400, 608. 80, 60, 600, 608. 80, 60, 60, 608. 80, 60, 60, 60, 60, 80, 60, 60, 60, 80, 60, 60, 60, 60, 60, 80, 60, 60, 700, 50, 00 24, 100, 709, 700, 500, 500, 500, 500, 2508, 200

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