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(영문) 서울중앙지방법원 2017.02.08 2016나61800
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. On February 28, 2008, the Plaintiff entered into a lease sale contract with B, with regard to one unit of the second floor of the Seoul Jung-gu, Jung-gu, Seoul (exclusive commercial building area of 3.9 square meters) with the view to separately paying the sales price of KRW 79.5 million, the security deposit of KRW 38.5 million, the security deposit of KRW 38.5 million, and the sales price other than the security deposit (hereinafter “the lease sale contract of this case”).

(2) On December 5, 2008, the Defendant acquired the status of a contractor under the instant lease contract from B, and the Plaintiff and the Defendant determined the specific location of the store by lot after paying the rent for the rent for the rent for the lease of this case (Article 1(2) of the instant lease contract), and set the overdue interest rate for the rent for the rent for the lease of this case at 19% per annum (Article 3 of the same contract) and the overdue interest rate for the rent for the rent for the lease of this case at 19% per annum.

Other major contents are as follows:

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

(2) No purchaser shall raise an objection to the increase or decrease of the exclusive use area of one unit based on the change of a building plan or business plan, adjustment of the formation of a commercial building, the result of construction works, etc., and the increase or decrease in the sale price following such increase or decrease

Article 5 (Lease Deposit) (1) Since the lease deposit included in the sale price is the amount for the exclusive area of one unit by floor, the buyer shall settle the lease deposit according to the lease area of the store allocated after drawing.

(2) Upon termination of a lease contract, a lessor shall be liable to refund the rental deposit out of the rent-sale price and the rental deposit.

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