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(영문) 서울중앙지방법원 2016.09.29 2015가단5182698
기타(금전)
Text

1. The Defendant’s KRW 35,925,90 for the Plaintiff and KRW 19% per annum from May 1, 2010 to May 13, 2015.

Reasons

1. Basic facts

A. The C&A association (hereinafter “instant association”) promoted a new project to build “G” stores (hereinafter “instant new project”) in the size of 4,144.3 square meters in Seoul, Jung-gu, Seoul, Seoul, which is the land for the Gu D/D market and E market (hereinafter “instant stores”).

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 (hereinafter “instant general execution agency contract”).

B. On July 28, 2008, the Plaintiff entered into a lease sale agreement with the Defendant on the five commercial buildings of this case (hereinafter “instant lease sale agreement”) with regard to the five commercial buildings of this case as follows:

Article 1 (Indication of Rentaled Real Estate) (1) Future Real Estate shall be as follows:

The target store: The scheduled date for occupancy of one unit of five stories (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 later notified). (2) The specific location of the store shall be filled 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 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 the following rent shall be as follows, and where there is any 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

(2) The sale price of KRW 35,500,000, excluding the rental deposit of KRW 38,500,000, excluding the rental deposit of KRW 74,000,000.

The ratio of payment on the separate date of payment, details of sale price.

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