(영문) 서울중앙지방법원 2016.12.13 2015가단5340951

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(영문) 서울중앙지방법원 2016.12.13 2015가단5340951

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B reconstruction project association (hereinafter “the instant association”) is a reconstruction association that promoted a new commercial building (hereinafter “the instant new building project”) with the name of “F” on the said land by implementing the “B reconstruction project” on the ground and underground of 4,144.3 square meters of land in the Gu, Jung-gu, Seoul Special Metropolitan City, where the land of the Gu C market and D market was located, and is an executing agency that entered into a general execution contract with the said association and the instant new building project (including the sale of new building).

B. On February 3, 2009, the Plaintiff entered into a lease sale contract with the Defendant on the third floor above the instant commercial building (hereinafter “instant lease sale contract”) with the following content.

The defendant entrusted with the overall execution by the association of this case shall enter into a lease contract with the terms of selling the right to lease of the indicated real estate as follows, and as such, he/she shall prepare two copies of this contract and write his/her name and seal thereon.

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

The target store: A month scheduled to move into one-story (3.9 square meters for exclusive use): December 2009 (it may be changed according to the process, and the period of salesroom occupants may be later notified). (2) The specific location of a store shall be filled out after the payment of the balance, and the sales price shall be settled according to the area of the store determined by lottery.

(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 the 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:

98,000,000 won for the total amount of the rent of the Gu amount of gold (won).

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