(영문) 서울중앙지방법원 2016.10.25 2015가단5130871

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(영문) 서울중앙지방법원 2016.10.25 2015가단5130871

기타(금전)

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1. The Defendant’s KRW 35,800,100 as well as 19% per annum from May 1, 2010 to April 8, 2015 to the Plaintiff.

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 Metropolitan City, Seoul, the land for the Dongdaemun-gu C market and D market (hereinafter “instant store”).

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 April 2008, the Plaintiff entered into a lease sale agreement with the Defendant on the 6th floor of the instant commercial building (hereinafter “instant lease sale agreement”) with regard to the said 6th floor as follows:

Where it is necessary to divide the real estate subject to each lease contract below:

(a) It shall be divided into two categories, but it shall not be indicated separately, if the same contract term is applicable;

(a) The subject real estate shall be indicated as follows:

(b) A store: One unit of two stories underground (the exclusive use area of one unit: 3.9 square meters), and the expected date of occupancy for the target type of business: December 2009 (it may be changed according to the process, and the period of occupancy) (2) The specific location of a store shall be filled by lot after the payment of the remainder, 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

65,00,000 won in total of the rent-sale price for the Gu portion of KRW 38,500,000 in rental deposit.

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