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(영문) 서울중앙지방법원 2017.05.10 2016나72152
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. Basic facts

A. (1) On September 12, 2002, the Plaintiff entered into a lease contract with the Faupupupup Project Association (hereinafter “Association”) which is the implementer of the project that newly constructs “E” in the area of 4,144.3 square meters of the Gu B market and C market site in Jung-gu, Seoul (hereinafter “instant commercial building”) and the Faup Project Association (hereinafter “Association”) to acquire the right of lease of the instant commercial building and sell it in lots.

Article 1 (Indication of Rental Real Estate): One Unit (Criteria for Exclusive Area for One Unit: 3.9 square meters) underground floor (2) Specific location of a store shall be filled by lot after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lot.

(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 the relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) A rental deposit out of the rent for the following rent shall be as follows, and where there is an increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5, and an additional tax shall be separately

Where a purchaser of the Gu's portion of the rent of KRW 112,00,000, 38,500,000, excluding the rental deposit of KRW 38,500,000, fails to pay the sale price within the deadline, the overdue charge shall be paid in addition to the overdue charge calculated on the date following the payment date by applying the rate of 19% per annum according to the period of overdue payment, if the purchaser fails to pay the sale price within the deadline.

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, and if there is an increase or decrease in the area for exclusive use after the drawing of a store, it shall be adjusted by adding

Article 5 (Rental Deposit) (1) Rental deposit included in the sale price shall be for the exclusive area of one unit per floor.

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