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(영문) 서울중앙지방법원 2017.06.23 2016나71432
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. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4, and Eul evidence No. 1.

The Plaintiff’s status as the Plaintiff entered into a comprehensive implementation contract with the Faupup Project Association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3 square meters of land in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant commercial buildings”) around September 12, 2002, which is a building site B and C, and conducted a lease sale on the instant commercial buildings.

B. (1) On August 4, 2008, the Plaintiff entered into a lease agreement with the Defendant on the lease sale price of KRW 87,000,000 (excluding value-added tax) with respect to the fourth unit (3.9m2) of the instant commercial building among the instant commercial buildings, as shown in the attached list, as to the lease sale price of KRW 87,00,00 (hereinafter “lease sale agreement”).

See The Defendant entered into the instant lease agreement and prepared a written confirmation (hereinafter referred to as “instant confirmation”) as follows:

In the conclusion of the lease contract for the right to lease of a sectioned store in the commercial building of this case, I confirm that the lease contract of this case is a lease contract, and that the lease price includes the lease deposit, and that only the lease deposit is refunded from the lessor at the time of termination of the lease contract with the lessor, I do not raise any objection against this.

C. Around February 2010, the Defendant won the 4th floor 150 store (hereinafter “instant store”). The exclusive use area of the instant store has decreased to 3.79 square meters, and the sales area including this has been reduced to 3.79 square meters.

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