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(영문) 수원지방법원안산지원 2013.12.05 2012가단4275
임대보증금 및 임대료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 37 (including each of them), 46, 47, 54, 1, and 2, by taking account of the whole purport of the pleadings.

C New shopping mall: (i) Two shopping malls located in Ansan-si D or E (hereinafter “instant building”) are commercial buildings consisting of five underground floors and ten underground floors; (ii) five underground floors to four underground floors; (iii) five underground floors to four underground floors; (iv) five underground floors to four underground floors; (iv) specialized restaurants; and (v) theater and neighborhood facilities for six to ten floors above ground.

B. The Cine Construction Co., Ltd. (hereinafter “Cine Industry Development”) and Cineman Co., Ltd. (hereinafter “Cineman”) completed the instant building on February 28, 2006.

B. (i) The portion of the instant commercial building from the first to the fifth above ground among the instant buildings (hereinafter “instant commercial building”) is divided into 1,884 stores, and its sale or registration was made. Based on the basis of around August 2007, the share ratio among the instant commercial buildings calculated based on the sales price of 1,146 stores, shall be indicated 52.01%, and the share ratio calculated based on the sales price of 1,146 stores.

Although the commercial buildings of this case were classified by individual stores and were sold in lots, they were scheduled to be used as an integrated shopping district from the beginning of the sale, the parties concerned are the distribution ratio of the sale price for each individual store among the sale price for the entire commercial buildings of this case, based on the distribution ratio of expenses and profits. The plaintiff and the defendant also have the distribution ratio calculated on the basis of the sale price.

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