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(영문) 서울중앙지방법원 2016.07.14 2015나66105
기타(금전)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. B reconstruction project association (hereinafter “instant association”) promoted the project to build “E” commercial buildings (hereinafter “instant commercial buildings”) at the size of 4,144.3 square meters in Jung-gu, Seoul, Jung-gu, Seoul.

On September 12, 2002, the Plaintiff was entrusted with the overall execution of the sales contract under the terms of selling the right of lease of the commercial building.

B. On April 1, 2008, the Defendant entered into a lease sale contract (hereinafter “instant lease sale contract”) with the content that the right of lease of the 7th floor unit of the instant commercial building was purchased from the Plaintiff.

The details of the instant lease agreement are as follows.

Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:

The target store: One unit of 7 floor (3.9 square meters for exclusive use area of one unit) and the scheduled date for occupancy of a multi-use store: December 2009 (it may be changed according to the process, and the period for occupancy of a multi-use store shall be later notified) (2) The specific location of a store shall be set by lot after the payment of the balance and the sales price shall be settled according to the area 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) A rental deposit out of the rent for rent shall be as follows, and where there is an 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 separately

(2) The sale price of KRW 16,500,000, excluding the rental deposit of KRW 38,500,000, excluding the rental deposit of KRW 55,000,000.

Value-added tax shall be levied on the sale price, excluding the payment rate of divided payment date and rental deposit.

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