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(영문) 서울중앙지방법원 2018.02.13 2016나71388
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

[Claim]

Reasons

1. Facts of recognition;

A. The B reconstruction project partnership is a project implementer that implements a new construction of “F” commercial buildings (hereinafter “instant commercial buildings”) at the size of 4,144.3 square meters in Seoul, Jung-gu, Seoul, the former C market and D market site. On September 12, 2002, the Plaintiff entered into a comprehensive implementation agency contract with the said union for the acquisition of the right to lease of the instant commercial buildings and the sale thereof.

B. Around September 28, 2006, the said reconstruction association opened an extraordinary general meeting of its members and passed a resolution to include 1/2 of the passage area (so-called “sloping area”) linked to each store in the common area of the relevant store when calculating the sale area, and the remaining common area was to be calculated in proportion to the exclusive use area of the relevant store.

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

The target store: The scheduled date of occupancy in the 4th floor (3.9 square meters for the exclusive use area of the 3.9 square meters): December 2009 (it may be changed according to the process, and the period of saleroom occupants may be later notified). (2) The specific location of the store shall be drawn 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) The total amount of rent of the former portion of the rent of 87,00,000 rental deposit of 38,500 rental deposit of 38,500,000 rental deposit, excluding rental deposit of 48,500 rental deposit, out of the rent of 48,50,000 rental deposit, shall be as follows; where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made in accordance with Articles 4 and 5

In the case of a contract for the down payment of value-added tax, 20% 7,700,000 9,700,000 970,000 18,370,000 18,370,000 15% of January 15, 2009 5,775,000 7,275,000 727,500 727,500 727,500 13,777,500 5,7750,50 2nd 5,775% of March 209, 209.

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