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(영문) 서울중앙지방법원 2017.01.23 2016나16893 (1)
기타(금전)
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 20,000,000 as well as its full payment from May 1, 2010.

Reasons

1. Basic facts

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

On September 12, 2002, the Plaintiff was entrusted with the overall execution of the sales contract under the terms of selling the right of lease of the commercial building.

B. On July 20, 2007, G entered into a lease sale contract with the Plaintiff on the first floor of the instant shopping mall (hereinafter “instant lease sale contract”) with the following terms, and the Defendant acquired the status of the contractor from G around May 2008.

The details of the instant lease agreement are as follows.

Article 1 (Indication of Rentaled Real Estate) (1) Real estate shall be as follows:

(2) The specific location of a store shall be drawn after the payment of the remainder and the sales price shall be settled according to the size 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) 112,00,00,000, 38,500,000, excluding rental deposit of 38,500,000,000, 1) The following rental deposit out of the rent shall be the following, and where there is an increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5 and the value-added tax shall be separately imposed:

The first installment of KRW 23,870,000, KRW 14,700,000, KRW 14,700,000, and KRW 23,870,000, which is the down payment of value-added tax, excluding the payment rate of divided payment, details of sale deposits, rental deposit, in July 2007.

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