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(영문) 서울중앙지방법원 2017.12.06 2017나28206
기타(금전)
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 12,650,300 as well as its full payment from May 1, 2010.

Reasons

1. Facts of recognition;

A. A. B market reconstruction association (hereinafter “the instant association”) implemented a market reconstruction project on the size of 4,144.3 square meters in Jung-gu, Seoul and Jung-gu, Seoul, where the former C market and D market site were located, and implemented a new construction project on a “F” commercial building on the size of 2 underground floors and 18 stories above ground (hereinafter “instant commercial building”).

The Plaintiff is a company that entered into an overall enforcement agreement with the instant association on the new commercial building project and sold the right of lease to the instant commercial building.

B. On May 13, 2008, the Plaintiff entered into a lease sale contract with the Defendant on each of the following terms (hereinafter “instant lease sale contract”) with regard to the three-storys underground of the instant commercial building.

[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 of one unit of the second floor underground (3.9 square meters for the exclusive use area of one unit): December 2, 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 price for sale 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 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 43,50,000,000 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:

The payment rate of the Gu's branch shall be the details of the sale price (won).

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