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(영문) 서울중앙지방법원 2016.07.07 2015가단5182186
기타(금전)
Text

1. The Defendant’s KRW 65,166,60 for the Plaintiff and KRW 19% per annum from May 1, 201 to May 11, 2015.

Reasons

1. Basic facts

A. A. B reconstruction project association (hereinafter “instant association”) promoted a project to build “F” stores (hereinafter “instant new project”) at the size of 4,144.3 square meters in Dongdaemun-gu Seoul Special Metropolitan City E-gu, Jung-gu, Seoul and D sites (hereinafter “instant stores”).

On September 12, 2002, the Plaintiff entered into a general execution agency contract with the instant association to acquire the right of lease of the instant commercial building and sell it in lots.

B. On February 10, 2009, the Plaintiff entered into a lease sale contract with the Defendant on the three-story of the instant commercial building (hereinafter “instant lease sale contract”) with regard to the following content:

Article 1 (Indication of Rentaled Real Estate) (1) Future Real Estate shall be as follows:

The target store: The scheduled date of occupancy of one unit of three floors (3.9 square meters for the exclusive use area of one unit): 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 filled after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lottery.

(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) A rental deposit out of the rent for the following rent shall be as follows, and where there is any increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5 and the value-added tax shall be

(2) The sale price of KRW 59,500,000, excluding the rental deposit of KRW 38,500,000, excluding the rental deposit of KRW 38,500,000.

The payment rate of the divided payment date, details of sale price, rental deposit, excluding rental deposit.

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