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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. Basic facts
A. 1) On October 2, 2007, the Plaintiff entered into a lease-sale contract with the Defendant, Jung-gu, Seoul (hereinafter “instant commercial building”).
(2) On November 19, 19 of the same year, the value-added tax on the sale price, excluding the rental deposit, shall be separately paid with respect to the lease price of KRW 112 million, each of the lease price of KRW 38.5 million, each of the lease price of KRW 38.5 million, and on November 19, 19 of the same year, the lease price of KRW 118,000,000, each of the lease price of KRW 38.5 million, and the value-added tax on the sale price, excluding the lease deposit, was separately paid (hereinafter “each of the lease sale contracts of this case”).
2) Under each lease contract of this case, the Plaintiff and the Defendant determined the specific location of the store by lot after the payment of the above rent, and decided to settle the rent according to the increase and decrease in the size of the store determined by lot (Article 1(2) of each lease contract of this case), and the overdue interest rate on the rent of this case shall be set at 19% per annum (Article 3 of the same contract).
Other major contents are as follows:
Article 4 (Lease-Out Area) (1) The rent-out area of a store shall be the area calculated by adding the area for exclusive use to the area for exclusive use, and the rent-out amount is equivalent to the area for exclusive use by each floor, as such, if there is an increase or decrease in the area for exclusive use after drawing a store, it shall be adjusted by adding up
(2) No purchaser shall raise an objection to the increase or decrease of the exclusive use area of one unit based on the change of a building plan or business plan, adjustment of the formation of a commercial building, results of construction works, etc. in the relevant authorization and permission process, and the increase or decrease of the sale
Article 5 (Lease Deposit) (1) Since the lease deposit included in the sale price is for the exclusive use area of one unit by floor, the buyer shall draw lots.