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(영문) 서울고등법원 2017.10.13 2016나2044491
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. Facts recognized;

A. The Plaintiff is a company that newly constructs a commercial building (hereinafter “instant commercial building”) on the size of 4,144.3 square meters in Jung-gu Seoul, Jung-gu and a business entity that sells the right to lease of the store in the instant commercial building.

B. Around April to July 2008, the network E (hereinafter “the network”) entered into a sales contract on the right of lease of the second floor, the second floor, the second floor and the second floor, the fifth floor and the sixth floor above the ground.

In the above sales contract, ① in the event of an increase or decrease in the sales area after drawing lots of stores in the commercial building of this case, the final settlement of the sales price shall be made, and ② if the deceased delays the payment of the sales price, the Plaintiff shall pay damages for delay calculated by 19% per annum.

C. On February 2010, the Plaintiff opened a store to allocate to the buyers of the instant commercial building while the Deceased was present.

As a result, the Deceased purchased the right of lease on No. 42 of the second underground floor, No. 249 of the fifth floor and No. 250 of the ground, and No. 8 of the sixth floor.

On February 22, 2010, the Deceased prepared and delivered to the Plaintiff a letter of undertaking to pay the sale price and the settlement price by the time the sale price is settled, and thereafter, the sale price of the Deceased finally confirmed through the exclusive use area or the settlement between the Plaintiff based on the exclusive use area or the sale area is KRW 332,175,90 in total (i.e., KRW 249 on the ground of KRW 249 on the ground of KRW 42,963,80 on the ground of KRW 250 on the ground of KRW 250 on the ground of KRW 72,963,80 on the ground of KRW 250 on the ground of KRW 75,047,40 on the ground of KRW 65,00 on the ground of KRW 42

E. On March 19, 2010, the Plaintiff urged the buyer of the instant commercial building, including the Deceased, to pay the sales price fixed to the buyer by April 30, 2010.

F. The Deceased died on January 29, 2015, and his heir is the co-defendant B, C, and the Defendant, the husband of the first instance trial, who is the co-defendant A and his children.

[Reasons for Recognition] There is no dispute, Gap's statements in Gap's Evidence 1 through 8, 10, 14, and 15.

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