logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.30 2016나43796
기타(금전)
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 84,974,00,07 and KRW 36,108,097 among the Plaintiff’s KRW 13,00 on March 13, 2014

Reasons

1. Basic facts

A. AD reconstruction project association (hereinafter “instant association”) promoted a project to build a “C” commercial building at the size of 4,144.3 square meters in Seoul, Jung-gu, Seoul, the land for the Gu E market and the F market.

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 July 21, 2007 and March 21, 2008, the Plaintiff entered into a lease agreement with the Defendant on the lease right of six districts of six districts of one underground floor (3.9 square meters of each unit of the exclusive use area, 13.22 square meters of each unit of the sale area) on each unit of 119,350,000 won (excluding value-added tax), and ② on September 4, 2007, the lease right of one unit of land on each ground (3.9 square meters of exclusive use area, 13.22 square meters of each unit of the sale area) on each unit of 19,350,000 won (excluding value-added tax).

(hereinafter referred to as the “instant contract”) C.

The Plaintiff and the Defendant under the instant contract determined the specific location of the store by drawing after paying the sales price, and settled the sales price according to the increase and decrease in the store size.

(Article I(2). The overdue interest rate for the sale price shall be 19% per annum.

(Article 3). Other important details of the contract of this case are as shown in the annexed sheet.

After drawing an area for exclusive use by drawing, HS Nos. 120, 120, 3.9.7 19.7 121, 3.914.47 122, 122, 4.09, 189, 189, 189, 14.34, 190, 191, 191, 191, 193.634, 191, 193.63.01, 18.79

D. On February 24, 2010, the Defendant: (a) opened a lottery lot for commercial buildings; (b) won was awarded on the first basements 120, 121, 122, 189, 190, 191, and 7 of the ground level as indicated below (hereinafter “instant store”).

(unit: Site size)

E. On March 19, 2010, the Plaintiff notified the Defendant that the sales price, excluding the rental deposit, was settled in accordance with the exclusive area (based on 3.9 square meters) and the rental deposit was settled in accordance with the sale area (based on 13.22 square meters). The additional settlement amount is up to April 30, 2010.

arrow