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(영문) 서울중앙지방법원 2016.11.24 2016나22515
기타(금전)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Dongdaemun Heavy Injury Market Reconstruction Association (hereinafter referred to as the “Non-Party Association”) implemented a market reconstruction project on the size of 773 large 4,144.3 square meters of the old Seodaemun-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, which had the land for the said market, and implemented a new construction project on the 2nd floor and the 18th floor above ground (hereinafter referred to as the “instant commercial building”).

B. The Plaintiff and the non-party union entered into a general execution agency agreement on the new commercial building project of this case and sold the right of lease to the store of this case. The Defendant is the buyer who purchased the right of lease to the two old commercial buildings of this case from the Plaintiff.

C. On May 20, 2008, the Plaintiff entered into a lease sale contract with the Defendant (hereinafter “instant lease sale contract”) with the following terms and conditions (hereinafter “instant lease sale contract”).

Article 1 (Indication of Leasing Real Estate) (1) The real estate subject to lease shall be as follows:

The target store: The scheduled date of occupancy in the 2nd floor unit of B(3.9 square meters for exclusive use by the unit of 3.9 square meters): December 2009 (it may be changed according to the process, and the period of sale is later notified). (2) The specific location of a store shall be filled after the payment of the balance and the sales price shall be settled according to the area of the store determined by lottery.

(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) The following rent out of the rent shall be as follows, and where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made pursuant to Articles 4 and 5, and additional taxes shall be separately imposed:

82,00,000 rental deposit 38,50,000 rental deposit, excluding the rental deposit, 43,500,000 rental deposit. 2. The sale price shall be paid by the 25th day of the designated month in installments as follows:

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