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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Association of the Dongdaemun-gu Seoul Metropolitan Government Market Reconstruction Project (hereinafter referred to as the “instant Association”) promoted the project to build a new commercial building (hereinafter referred to as the “instant commercial building”) at the size of 773 large 4,144.3 square meters in Seoul Jung-gu, Jung-gu, Seoul (hereinafter referred to as the “Seoul Special Metropolitan City”).
On September 12, 2002, the Plaintiff entered into a general execution agency contract with the instant association to acquire the right of lease of the instant commercial building and sell it in lots.
B. On August 8, 2007, between C and C, the Plaintiff entered into a lease sale contract with respect to the first floor underground of the instant commercial building (hereinafter “instant lease sale contract”). On May 10, 2008, the Defendant acquired the status of the contractor of the instant lease sale contract from C on May 10, 2008.
Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:
The target store: One-story (standard for exclusive use area of one unit: 3.9 square meters) and the scheduled date for occupancy of a room for women: December 2009 (it may be changed according to the process, and the period for occupancy) (2) The specific location of a store shall be filled by lot 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) A rental deposit out of the rent for 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 value-added tax shall be separately
(2) The sale price of KRW 73,500,000, excluding the rental deposit of KRW 38,500,000, excluding the rental deposit of KRW 112,000,000.