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(영문) 서울중앙지방법원 2016.07.12 2015가단5179029
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff entered into a lease sale contract with the Defendant from July 2007 to March 2008 (hereinafter “lease sale contract of this case”) with the content that the Plaintiff sells the right of lease to the Defendant for six stores (the number of specific units of stores was determined by lot) such as 120 underground floors, 121 underground floors 122, 122 underground floors 122, 190 underground floors 190, 191 underground floors 191, 191 underground floors 7, etc. among the commercial buildings constructed in the Defendant and Jung-gu Seoul Metropolitan Government B from July 2007 to March 2008 may be recognized by each entry in the evidence Nos. 1, 3, and 4 (including the serial number).

2. The assertion and judgment

A. The Plaintiff asserted by the parties, on the premise that the rental deposit out of the rent for rent is settled on the basis of 13.22 square meters including the exclusive area and the common area, and that the “sale price excluding rental deposit” should be settled on the basis of 3.9 square meters for exclusive use, the Defendant’s claim against the Defendant for the payment of damages for delay after March 13, 2014, of the total amount of the rent for rent for each shop sold in lots by lot, which was settled by the above method, 84,974,07 won (the principal amount of KRW 36,108,097, KRW 4865,910, March 12, 2014).

The defendant asserts that not only the "sale price, other than rental deposit," but also the lease deposit should be settled based on the exclusive area of 3.9 square meters.

(b)Article 1 (Indication of Rentaled Real Estate) (1) of the Decree provides that:

B 2 The specific location of a store shall be drawn after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lot.

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:

Article 4 (Lease-Out Area)

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