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(영문) 서울중앙지방법원 2017.10.20 2017나38302
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

(a) The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3:

1) Around September 12, 2002, the Plaintiff’s status as the Plaintiff is a G commercial building on the ground and underground of 4,144.3 square meters in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”).

(1) the Creshion Project Association (hereinafter referred to as the “Cresh Project Association”) that has promoted its new project;

(2) On April 22, 2008, the Plaintiff acquired the right to lease from the sectional owners of the instant commercial building, and leased and sold the instant commercial building to the Defendant on April 22, 2008, the total amount of rent per unit (3.9mm2 of the instant commercial building) KRW 67,650,000 deposit (=value 2,650,000,000, excluding rental deposit of KRW 38,500,000, excluding rental deposit of KRW 26,50,000, excluding rental deposit of KRW 38,50,000), and the agreed rate of rent per unit was set at 19% per annum (hereinafter “lease agreement”).

(B) The Defendant paid 67,650,000 won to the Plaintiff by October 25, 2009.

3) On February 23, 2010, the Defendant won the 163th floor (17.35m2, including the exclusive use area, the exclusive use area, 14m2, and the exclusive use area; hereinafter “instant store”) at the store lottery of the instant commercial building under the instant lease contract.

B) On or around March 19, 2010, the Plaintiff’s sale price, excluding rental deposit, to the Defendant (hereinafter “other sale price”) out of the lease price.

Pursuant to the exclusive use area, the term "rental deposit" shall be settled according to the leased area and shall be settled.

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