1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. A B reconstruction association (hereinafter referred to as a “renovation association”) is a project implementer that implements a new project of building “F” in the size of 4,144.3 square meters in Seoul, Jung-gu, Seoul (hereinafter referred to as “instant commercial building”), which is a site for a C market and D market, and the Plaintiff entered into a general execution agency agreement with the Reconstruction Association on September 12, 2002 to acquire the right to lease of the instant commercial building and sell it.

B. On January 13, 2009, the Defendant: (a) purchased three-story units (103,950,000, deposit money, 38,500,000) from among the stores of this case; (b) on February 16, 2009, three-story units (103,950,000, and deposit money, 38,500,000) from among the stores of this case; and (c) on February 21, 2009, five-story units (7,550,000, and 38,500,000,000) from among the stores of this case; and (d) concluded a lease agreement with the Plaintiff on February 21, 2009 with the content that the lease amount shall be determined through a lottery after the contract; and (e) the lease amount shall be settled in accordance with the size of the store (hereinafter referred to as “sale agreement”).

The main contents of the lease contract of this case are as follows.

Article 1 (Indication of Rental Real Estate) A store eligible for occupancy: A month scheduled for occupancy on a floor (based on an exclusive use area: 3.9 square meters): December 2009 (it may be changed according to the process, and the period of occupancy occupants may be thereafter notified). (2) The specific location of a store shall be determined 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) The rent out of the rent out of 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 the surcharge shall be imposed: