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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 10,979,00 and its payment from May 1, 2010.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 and 2:
The Plaintiff’s status as the Plaintiff entered into a comprehensive implementation contract with the F association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3m2 in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”) and around September 12, 2002, which is the land for the Dongdaemun-gu B market and C market, and entered into a lease-sale contract for the instant commercial building.
B. On July 28, 2008, the Plaintiff entered into a lease contract with the Defendant on the three-story unit (3.9mm2) of the instant commercial building, as shown in the attached list, with regard to the lease sale price of KRW 98,00,00 (excluding value-added tax) (hereinafter “lease sale contract of this case”).
C. Around February 24, 2010, the Defendant: (i) won at the store’s 83th floor from the store drawing under the instant lease contract (hereinafter “instant store”); and (ii) the exclusive use area of the instant store was maintained at 3.90 square meters; (iii) on the other hand, the leased area was increased to 16.9 square meters.
B. On March 19, 2010, the Plaintiff issued the details of the settlement and notified the Defendant of the payment of the lease deposit to the Defendant by April 30, 2010 (based on 3.9 square meters) pursuant to the exclusive use area (based on 13.22 square meters) and the “rental deposit” was to be settled in accordance with the lease area (based on 13.22 square meters). The Plaintiff notified the Defendant of the payment of the lease deposit by April 30, 2010 (based on 114,929,000 won (based on 49,479,000 won + 59,500,000 won + 59,50,000 won + value-added tax (based on 5,950,000 won).
Article 2.2