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(영문) 서울중앙지방법원 2016.11.24 2016나36064
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. Basic facts

A. E reconstruction association (hereinafter “E”) implemented a market reconstruction project on the size of 4,144.3 square meters in the Gu’s B market and Jung-gu Seoul, Jung-gu, Seoul, where the land for the Gu’s B market was located, and implemented a new construction project on a “F” commercial building on the size of 2 underground floors and 18 stories above ground (hereinafter “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, and the Defendant is the buyer who purchased the right of lease from the Plaintiff to the 8th floor 29-1 (5.3 old unit).

C. On March 3, 2008, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following terms and conditions (hereinafter “instant lease agreement”).

[F Lease Contract] Article 1 (Indication of Rentaled Real Estate) (1) The subject real estate is as follows:

The target store: The scheduled date of occupancy in 8-1, 5.3 Gu unit of 29-1, 5.3 unit of 8 stories (3.9m2): December 2009 (it may be changed according to the process, and the period of sale) (2) The specific location of the 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) 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:

(2) The sale price for the sale shall be 79,50,000, excluding the rental deposit of 283,550,000 rental deposit of 204,050 rental deposit of 204,050 rental deposit.

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