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(영문) 서울중앙지방법원 2016.04.06 2015가단5087526
기타(금전)
Text

1. The Defendant’s KRW 20,772,40 for the Plaintiff and KRW 19% per annum from May 1, 2010 to March 4, 2015.

Reasons

1. Basic facts

A. The Association of the Dongdaemun-gu Seoul Metropolitan Government Market Reconstruction Project (hereinafter referred to as the “Building Association”) is a project implementer who carries out a new project of building “Mail Daily” in the size of 773 large 4,144.3m2, Jung-gu, Seoul Metropolitan Government (hereinafter referred to as the “instant commercial building”). The Plaintiff is an agent who entered into a comprehensive implementation contract with the Reconstruction Association on September 12, 2002 to acquire the right of lease of the instant commercial building and sell it.

B. On June 27, 2008, the Defendant concluded a lease contract between the Plaintiff and the Plaintiff on the second floor of the instant commercial building (on the basis of the exclusive use area of 3.9 square meters) with respect to the right to lease, but the number of units of a specific store shall be determined by drawing after the contract, and the lease sale contract between the Plaintiff and the Plaintiff to settle the rent according to the area of the building (hereinafter “instant lease sale contract”).

The main contents of the lease contract of this case are as follows.

Article 1 (Indication of Rental Real Estate) A store eligible for occupancy: A month scheduled to move into one unit of two stories underground (3.9 square meters for exclusive use): December 2009 (it may be changed according to the process, and the period of moving into a store may be later notified) (2) The specific location of a store shall be set by lot after the payment of the balance 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 the relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) The rent out of the rent out of the following rent shall be as follows, 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 surcharge shall be separately imposed:

82,00,000,000 rental deposit 38,500,000 rental deposit, excluding the rental deposit, 43,500,000 rental deposit.

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