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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The Defendant shall pay to the Plaintiff KRW 12,384,955 as well as its related amount.
Reasons
1. Basic facts
A. On April 29, 2008, the Plaintiff entered into a lease sale contract with the Defendant and the Defendant on April 29, 2008, with regard to one unit of the 6th floor of the F commercial building located in Jung-gu, Seoul (the exclusive use area of 3.9 square meters) located in Jung-gu, Seoul, with the view to separately paying the sales price of KRW 26.5 million, the deposit deposit of KRW 38.5 million, and the sales price other than the deposit of the lease (hereinafter “instant lease sale contract”).
(2) Under the lease contract of this case, the Plaintiff and the Defendant determined the specific location of the store by lot after the payment of the rent of this case, and decided to settle the rent of this case according to the increase and decrease in the size of the store determined by lot (Article 1(2) of the lease contract of this case), and the overdue interest rate of the rent of this case shall be set at 19% per annum (Article 3 of the same contract).
Other major contents are as follows:
Article 4 (Lease-Out Area) (1) The rent-out area of a store shall be the area calculated by adding the area for exclusive use to the area for exclusive use, and the rent-out amount is equivalent to the area for exclusive use by each floor, as such, if there is an increase or decrease in the area for exclusive use after drawing a store, it shall be adjusted by adding up
(2) No purchaser shall raise an objection to the increase or decrease of the exclusive use area of one unit based on the change of a building plan or business plan, adjustment of the formation of a commercial building, the result of construction works, etc., and the increase or decrease in the sale price following such increase or decrease
Article 5 (Lease Deposit) (1) Since the lease deposit included in the sale price is the amount for the exclusive area of one unit by floor, the buyer shall settle the lease deposit according to the lease area of the store allocated after drawing.
(2) Upon termination of a lease contract, a lessor shall be liable to refund the rental deposit out of the rent, and no lessor shall be liable to refund the sale price except for the rental deposit.
Article 6 (Rents)