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(영문) 서울중앙지방법원 2017.08.09 2017나23874
기타(금전)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4, and Eul evidence Nos. 1 and 2:

The Plaintiff’s status as the Plaintiff entered into a comprehensive implementation contract with B reconstruction Project Association (hereinafter “instant association”) which promoted the new construction project of F commercial buildings on the ground and underground of 4,144.3 square meters of land in Jung-gu, Seoul, Seoul, the land for the Gu C market and D market (hereinafter “instant commercial buildings”) around September 12, 2002 and entered into a lease-sale contract with the Plaintiff as an agent.

B. On June 24, 2008, the Plaintiff entered into a lease contract with the Defendant for the lease sale of the instant commercial building (hereinafter “lease sale contract of this case”) under which the lease price of the instant commercial building is KRW 82,00,000 (value-added tax separate) as indicated in the attached list with regard to the two-story unit of the underground floor (area 3.9mm2) among the instant commercial buildings (area 3.9m2) as indicated in the attached list.

C. Around February 25, 2010, the Defendant: (i) won the store’s lot and size increase; (ii) won was won at the 2nd basement 174 store (hereinafter “instant store”); and (iii) the exclusive use area of the instant store was 4.10 square meters; and (iv) rent-sale area was increased to 15.43 square meters.

B. On March 19, 2010, the Plaintiff issued the details of the settlement and notified the Defendant of the payment of the rent to the Defendant by April 30, 2010 (hereinafter “other sales price”) according to the exclusive use area (based on 3.9 square meters) and the “rental deposit” was to be paid by April 30, 2010. The lease sale price determined after the settlement under the above settlement is KRW 95,239,00 (based on 44,936,000 + other sales price + KRW 45,730,000 + value-added tax 4,573,000).

Article 2.2

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