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(영문) 서울중앙지방법원 2017.03.21 2016나16398
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

[Claim]

Reasons

1. Basic facts

A. The Association of the Dongdaemun-gu Seoul Metropolitan Government Market Reconstruction Project (hereinafter referred to as the “instant Association”) implemented the project to build a new store “Mail Daily” (hereinafter referred to as the “instant commercial building”) at the size of 773 large 4,144.3 square meters in Seoul, Jung-gu, Seoul, Jung-gu, Seoul.

On September 12, 2002, the Plaintiff entered into a general execution agency contract with the instant association to acquire the right of lease of the instant commercial building and sell it in lots.

B. On July 1, 2008, the Defendant entered into a lease sale contract with the Plaintiff on the five-story of the instant commercial buildings (hereinafter “instant contract”) with the following content:

Article 1 (Indication of Rentaled Real Estate) (1) Real estate shall be as follows:

(2) The specific location of a store shall be drawn after the payment of the remainder and the sales price shall be settled according to the size 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 a relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) 35,500,000 won (excluding rental deposit of KRW 38,500,000,000,000,000,000,000, excluding the rental deposit of KRW 38,50,500,000, out of the rent, the following rental deposit shall be the following, 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 value

On October 15, 2008, the first intermediate payment of KRW 15,775,00 for August 15, 2008, the first intermediate payment of KRW 5,775,00 for KRW 5,325,500 for KRW 11,632,50 for KRW 532,50 for KRW 532,50 for the second intermediate payment of KRW 532,500 for the second intermediate payment of KRW 15,208, 200 for the contract for the down payment of value-added tax, excluding the deposit for rental deposit.

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