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(영문) 서울중앙지방법원 2016.07.21 2015가단5115513
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into a comprehensive implementation contract with the non-party E-building business cooperative (hereinafter “instant cooperative”) which promoted a market reconstruction project on a scale of 4,144.3 square meters in the Gu, Jung-gu, Seoul, Seoul, the land for the Gu, and the land for the said new commercial building (hereinafter “instant commercial building”). The Defendant is a company that leased and sold the said new commercial building (hereinafter “instant commercial building”).

B. Around May 2008, the Plaintiff entered into a lease agreement with the Defendant on the six-story unit among the instant commercial buildings, as follows.

[F Lease Contract] Article 1 (Indication of Rentaled Real Estate) (1) The subject real estate is as follows:

The target store: One-story (the basis for exclusive use area of one unit: 3.9 square meters) and the scheduled date for occupancy of the target type: December 2009 (it may be changed according to the process, and the period for occupancy of a store 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 paid by the 26,50,000 won in installments as follows, except for the rental deposit of 65,000,000 won in total, 65,000 won in rental deposit of 38,50,000 won in rental deposit.

13,530,00 won at the time of concluding a down payment contract, the first intermediate payment in June 2008, the second intermediate payment in August 2008, October 2008, the third intermediate payment in October 2008, and the fourth intermediate payment in December 2008, respectively, and the remainder in October 13, 2009, and Article 12 (Entry Procedures) ① The buyer shall set the total purchase price.

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