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(영문) 서울중앙지방법원 2016.11.24 2016나20717
기타(금전)
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. B reconstruction association (hereinafter “B”) implemented a market reconstruction project on the size of 4,144.3 square meters in Jung-gu Seoul Special Metropolitan City E-gu where the land for the Gu C market and D market was located, and implemented a new construction project of “F” commercial buildings with the size of 2 underground floors and 18 stories above ground (hereinafter “instant commercial buildings”).

B. On June 24, 2008, the Plaintiff entered into an overall enforcement agreement with the non-party union on the instant commercial building construction project, and entered into a lease sale agreement with the Defendant on the following terms: (a) the agreement between the Defendant and the non-party union to lease and sell one unit of the second floor underground of the instant commercial building (hereinafter “instant lease sale agreement”); (b)

[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 the second underground floor (3.9 square meters for the exclusive use area of one unit): December 2009 (it may be changed according to the process, and the period of saleroom occupants may be thereafter notified).

(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 of value-added tax shall be limited to the sale price, excluding the payment rate of the Gu's payment date (cost rental deposit) rental deposit.

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