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(영문) 서울중앙지방법원 2016.06.24 2015나65546
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) AD reconstruction project association (hereinafter “instant association”) promoted a new project (hereinafter “instant new project”) with “C” (hereinafter “instant new project”). On September 12, 2002, the Plaintiff entered into a general execution contract with the instant association to acquire and sell the right of lease of the instant commercial building on the position of the “general execution agent and seller” of the instant commercial building, as well as the following terms and conditions, on April 23, 2008.

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

The target store: The scheduled date of occupancy in 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 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:

(2) The sale price of KRW 26,500,000, excluding the rental deposit of KRW 38,500,000, excluding the rental deposit of KRW 65,000,000.

The payment date of the installment (the contract in April 2008) shall be the sale price, excluding the rental deposit.

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