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(영문) 서울고등법원 2016.11.30 2016나2025605
정산금
Text

1. The judgment of the first instance court, including a claim that has been reduced or modified in the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Basic facts

A. On May 18, 2009, the Plaintiff entered into the instant lease agreement. On May 18, 2009, the land and building located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

2) As to the lessee Co., Ltd. (hereinafter “Mayer Services &com”)

) The Plaintiff entered into a lease agreement with the Plaintiff, “from May 28, 2009 to May 31, 2012, 2012, the lease deposit amount of KRW 250 million, monthly rent of KRW 6.5 million (excluding prior payment, taxes, public charges, and value-added tax)” (hereinafter “instant lease agreement”).

(2) On June 15, 2012, the Plaintiff agreed to renew the instant lease agreement with the Estuer Services &com, with the lease deposit amount of KRW 250 million as in the previous case, and the lease deposit amount is KRW 250 million from June 15, 2012 to June 15, 2014, and the monthly rent of KRW 8.5 million (excluding taxes and public charges, and value-added taxes).

B. On February 10, 2015, the Plaintiff entered into a sales contract with the Defendants on February 10, 2015, stating that “the Plaintiff shall sell the instant real estate to the Defendants” (hereinafter “instant sales contract”).

(1) Article 2(1) of the Act provides that “The sales price of the subject matter of sale shall be KRW 3.3 billion.” (2) This Agreement shall be concluded on May 10, 2015 (the date of the closing of transaction).” (1) The Defendants shall pay the down payment out of the sales price prescribed in Article 2(1) on the date of concluding the contract.

Specific details are as follows:

On February 10, 2015, the remainder 2.9 billion won on February 10, 2015, and KRW 3.3 billion on May 11, 2015, the Plaintiff is a lessor as of May 11, 2015, including the rights and obligations under the instant lease contract from the closing date.

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