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(영문) 서울중앙지방법원 2017.07.19 2015나72575
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

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 each entry in Gap evidence Nos. 1 through 4:

The Plaintiff’s status as the Plaintiff entered into a comprehensive implementation contract with the Faupup Project Association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3 square meters of land in Seoul, Jung-gu, Seoul, Seoul (hereinafter “instant commercial buildings”), which is a site for the Gu B market and C market, around September 12, 2002, and entered into a lease-sale contract for the instant commercial buildings.

B. (1) On September 29, 2008, the Plaintiff entered into a lease agreement with the Defendant on the leased sale price of KRW 112,00,000 (excluding value-added tax) with respect to the first floor of the instant commercial building (3.9m2) underground among the instant commercial buildings, as shown in the attached list, as to the lease sale price of KRW 112,00,00 (hereinafter “lease sale agreement”).

See The Defendant entered into the instant lease agreement and prepared a written confirmation (hereinafter referred to as “instant confirmation”) as follows:

In the conclusion of the lease contract for the right to lease of a sectioned store in the commercial building of this case, I confirm that the lease contract of this case is a lease contract, and that the lease price includes the lease deposit, and that only the lease deposit is refunded from the lessor at the time of termination of the lease contract with the lessor, I do not raise any objection against this.

C. (1) around February 24, 2010, the Defendant won the first floor and 148 stores underground (hereinafter “instant store”) from the store drawing under the instant lease contract. The exclusive use area of the instant store is three.

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