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(영문) 서울중앙지방법원 2017.03.21 2016나20212
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

[Claim]

Reasons

1. The reason why this part of the basic facts is explained by the court of first instance is as stated in the corresponding part of the judgment, except for adding "The purchaser shall not raise any objection against the increase or decrease of the leased area of the first unit due to the change of the construction plan or business plan in the process of authorization and permission, the adjustment of the commercial building formation, the result of construction work, etc., and the increase or decrease of the leased deposit," under Article 5 (3) of each of the lease contracts of this case, to the third party at the bottom of the third party. Therefore, this part is cited as it is in accordance with the main sentence of Article 4

2. Determination

A. In full view of the evidence and Articles 1, 2, 4(1), 5(1) and (3), and 6(1) of the instant contract prior to the determination of the cause of the claim, the Plaintiff and the Defendant agreed to settle the sale price, excluding the rental deposit, according to the exclusive use area, and the lease deposit, according to the sale area (exclusive common use area) on the premise that the lease area of one unit is 13.22 square meters.

According to the above method, if each of the rent units under 179 and 113 above 6th 2nd 179 above above ground (hereinafter collectively referred to as the "stores of this case") is settled according to the rent unit area, the rent units under 179 above 2nd 170,460,200 above 6th 113 above the above ground of this case is 7,780,400 won, and the rent units under 113 above 77,780,748 [the defendant] 25,732,748 won, including the principal, etc. of each of the rent units of this case 21,240,60 won [the total of rent units under 178,240,600,4600,707,707,708,7000,700,7500,0000 won and 600,000 won and 206,7050,0

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