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1. Of the judgment of the court of first instance, KRW 24,230,950 against the Plaintiff and the Plaintiff’s incidental thereto on March 21, 2015.
Reasons
1. Facts of recognition;
A. 1) Conclusion of the instant lease-sale contract
(C) The instant commercial building is located on the land of 4,144.3 square meters in Jung-gu, Seoul and Jung-gu, Seoul (hereinafter referred to as “J”) which is located in the Dong-gu G market and H market.
) A newly-built reconstruction project was promoted, and Man-Magnb Co., Ltd. (hereinafter “In-the-counter company”).
(2) The Defendant concluded a lease contract between the non-party company and the non-party company by specifying the number of units of the commercial building in this case, and paid the non-party company the sales price with the exception of the lease deposit and the lease deposit. However, if a lease contract is concluded separately from the sectional owners of specific individual stores confirmed by drawing lots, the lease contract was concluded with the lessor to be returned only the lease deposit at the time of termination of the lease contract and the said lease sale contract was invalid (hereinafter “lease sale contract”).
B. On July 27, 2010, the Plaintiff, who became the owner of the 6th floor 108 sectioned shop of the instant shopping mall, entered into a lease agreement with the Defendant on the said divided store at KRW 37,975,00, monthly rent of KRW 493,00 (excluding value-added tax). The main contents of the lease agreement are as follows (hereinafter referred to as the “instant separate store”). The lease agreement between the Plaintiff and the Defendant is “instant lease agreement.”
(1) Article 3 (Period of Lease Contract and Right and Duty) (1) The lease guarantee period under this contract shall be ten years after the opening of the commercial building. (4) The lessee shall pay the lessor a monthly rent calculated from the opening date of the commercial building, even if he/she is unable to rent by the opening date of the commercial building stipulated in Article 3.
(b).