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(영문) 서울서부지방법원 2016.01.27 2015가합36839
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company selling the commercial buildings of Eunpyeong-gu Seoul Metropolitan Government building C (hereinafter “instant building”). The Plaintiff is a seller of the fourth floor H05 square meters (4.952 square meters in the exclusive part of the instant building) and the fifth floor G09 (6.660 square meters in the exclusive part of the exclusive part of the instant building; hereinafter the above stores are collectively referred to as “each of the instant stores,” and individually referred to as “the fourth floor store,” and “the fifth floor store,” respectively.

B. On March 4, 2014, the sales contract concluded between the Defendant and the Plaintiff at KRW 114,731,100, the sales price for the instant 4th floor store is KRW 114,731,100.

3. On 20. 20. The sales contract was concluded for the five-story stores of this case with the sales price of KRW 116,859,60 (hereinafter referred to as the "each sales contract of this case") and each of the above sales prices was fully paid, and the registration of ownership transfer for each of the above stores was completed, and at the time of each sales contract of this case, a written consent to guarantee payment of profits and a written confirmation was prepared and issued to the defendant.

【As the contents overlap each of the stores of this case in the written consent to guarantee the payment of earnings, they shall be explained together for convenience.】

1. Object objects: Each store of this case;

2. Contents 1: content of consent 2: defendant 3: Guarantee of 8% annual revenues (including revenues paid by Company D (hereinafter “D”) in comparison with basic amount of profit security. The 4th floor store of this case is 8,311,400 won per year (monthly 692,617 won) and the 5th floor store of this case is 8,500,600 won per year from the date of completion of registration: 5 years from the date of completion of registration: Final revenue is paid on the last day of each month from the month following the date of completion of registration. (1) Other basic amount of profit security is 6).

(2) Rent paid by D in the future of the objects during the period of guarantee shall be received by the contractor, and gains from the amount of guarantee and the profits from D payments.

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