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(영문) 서울중앙지방법원 2016.10.07 2016나31229
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. A. B reconstruction project partnership (hereinafter “instant association”) promoted a project to build a “F store” on the ground of 4144m3m2 in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”) which is a site for the Dongdaemun-gu C market and D market.

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

B. On July 11, 2007, the Plaintiff entered into a “F Lease Sales Contract” with the Defendant as “general execution agency and seller” (hereinafter “instant lease sale contract”) with the following terms and conditions.

Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:

The target store: The scheduled date of occupancy in one unit of the 1st underground floor (3.9 square meters for exclusive use by the unit of the Gu): 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 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 rent out of the rent out of the following rent shall be as follows, 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 surcharge shall be separately imposed:

12,00,000 rental deposit money 38,500,000 rental deposit excluding rental deposit 112,50,000 rental deposit. 2. The sale price shall be paid by the 25th day of the designated month in installments as follows, and the additional tax on the sale price excluding rental deposit shall be separately imposed:

7,70,700,700, 14,700, 1400, 100, 200, July 2007, the down payment of value-added tax, excluding rental deposit for rental deposit.

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