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(영문) 서울중앙지방법원 2016.07.21 2015가단5132242
기타(금전)
Text

1. The defendant shall pay 129,394,200 won to the plaintiff and 19% per annum from May 1, 2010 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The status of the parties (1) B reconstruction project association (hereinafter “the instant association”) is a reconstruction association that promoted a new project of building “F” on the 4,144.3 square meters in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul, the site for the CD market, and the Plaintiff entered into a general execution contract with the instant association on September 12, 2002 and a general execution agent who enters into a contract to acquire and sell the right of lease of the instant commercial building.

(2) The Defendant is the Plaintiff and the person who entered into a lease contract with respect to the second floor underground of the instant commercial building.

B. On July 14, 2007, the Plaintiff acquired the right of lease from the sectional owners of the instant commercial building, and entered into a lease sale contract with the Defendant on July 14, 2007 with respect to the second floor of the instant commercial building, as follows (hereinafter “each lease sale contract of this case”).

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

The scheduled date of occupancy of a room for the type of business subject to the 1st unit (3.9 square meters for the exclusive use area of one unit) of the 1st floor underground of the store in Jung-gu Seoul Special Metropolitan City (3.9 square meters): December 2009 (it may be changed according to the process, and the period of occupancy) (2) The specific store location shall be drawn after the payment of the balance, and the sales price shall be settled according to the size 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 rent out of the rent out of the following rent shall be as follows, and where there is an increase or decrease in the area after the draw of a store, the final settlement shall be made pursuant to Articles 4 and 5, and the surcharge shall

12,00,000 rental deposit 38,500,000 rental deposit, except for rental deposit, 73,500,000 rental deposit.

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