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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. C reconstruction association (hereinafter referred to as “Non-Party Association”) implemented a market reconstruction project on the size of 4,144.3 square meters in Seoul, Jung-gu, Seoul, Seoul, where the land for the Gu D market and E market was located, and implemented a new construction project of “G” commercial buildings (hereinafter referred to as “instant commercial buildings”) with the size of 2 underground floors and 18 stories above ground.
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 purchaser who purchased the right of lease to the six old commercial building of this case from the Plaintiff.
C. On April 22, 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”).
[G Rental Contract] Article 1 (Indication of Rental Real Estate) (1) The subject real estate is as follows:
The target store: The scheduled date of occupancy in the 6th unit of the 6th floor (3.9 square meters for the exclusive use area of the 3.9 square meters): December 2009 (it may be changed according to the process, and the period of saleroom occupants may be later notified).
(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 shall be 26,50,000,000 rental deposit 38,500,000 rental deposit, excluding the rental deposit of 65,000 rental deposit, and the sale price shall be paid by the 25th day of the designated month in installments as follows. The value-added tax shall be separately imposed on the sale price except for the rental deposit:
The payment date of the Gu portion.