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(영문) 서울중앙지방법원 2017.08.29 2017나28978
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the amount ordered under paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. The Dongdaemun Heavy-gu Market Reconstruction Project Association (hereinafter “In-house Cooperative”) implemented the project to build a new store “Mail Daily” (hereinafter “the instant commercial building”) at the size of 773 large 4,144.3 square meters in Seoul, Jung-gu, Seoul, Seoul, the land for the Dongdaemun-gu Market and the Seodaemun-gu Market (hereinafter “In-house”).

On September 12, 2002, the Plaintiff entered into a general execution agency contract with the association of the non-party on September 12, 2002 on the new construction business of the instant commercial building and sold the right of lease to the instant commercial building.

B. On May 20, 2008, the Defendant entered into a lease contract with the Plaintiff on each of the following terms with respect to the second floor units of the instant commercial building (hereinafter referred to as the “instant lease contract”) (hereinafter referred to as the “instant lease contract”).

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

The target store: The scheduled date of occupancy in the 2nd floor unit of B(3.9 square meters for exclusive use by the unit of 3.9 square meters): December 2009 (it may be changed according to the process, and the period of sale is later notified). (2) The specific location of a store shall be filled after the payment of the balance and the sales price shall be settled according to the area of the store determined by lottery.

(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 43,50,000,000 rental deposit 38,500,000 rental deposit, excluding the 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 excluding the rental deposit:

(hereinafter referred to as "not being omitted").

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