1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. B market reconstruction association (hereinafter “B market reconstruction association”) implemented a market reconstruction project on the 4,144.3 square meters of land in the Gu C market and D market, Jung-gu, Seoul, Jung-gu, Seoul, where the land for the Gu C market was located, and implemented a new construction project on the 2nd underground floor and the 18th ground-based commercial building (hereinafter “F”).

B. The Plaintiff and the non-party union entered into a general execution agency agreement on the new commercial building project of this case and sold the right of lease to the store of this case. The Defendant is the purchaser who purchased the right of lease to the four old commercial building of this case from the Plaintiff.

C. On December 26, 2008, the Plaintiff entered into a lease sale contract with the Defendant (hereinafter “instant lease sale contract”) with the following terms and conditions (hereinafter “instant lease sale contract”).

[F Lease Contract] Article 1 (Indication of Rentaled Real Estate) (1) The subject real estate is as follows:

The target store: The scheduled date of occupancy in the 4th floor (3.9 square meters for the exclusive use area of the 3.9 square meters): December 2009 (it may be changed according to the process, and the period of saleroom occupants may be later notified). (2) The specific location of the store shall be drawn after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lottery.

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

Article 2 (Payment of Price) (1) The following rent out of the rent shall be as follows, and where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made pursuant to Articles 4 and 5, and additional taxes shall be separately imposed:

(2) The sale price shall be 48,50,000,000 rental deposit 38,500,000 rental deposit, excluding the rental deposit, and the sale price shall be paid by the 25th day of the designated month in installments as follows. The value-added tax shall be separately imposed on the sale price excluding the rental deposit:

part of the Gu.