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(영문) 서울중앙지방법원 2017.04.19 2016나57689
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

1...

Reasons

1. The following facts may be acknowledged in full view of the facts and the whole purport of the arguments and entries in Gap evidence Nos. 1 to 5, unless there is a dispute between the parties or in full view of the following facts:

The Plaintiff is an agent who entered into a comprehensive implementation contract with the F association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3m2 and Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul (hereinafter “instant commercial building”), which is the land of Dongdae-gu B and C around September 12, 2002, and leased and sold the instant commercial building.

B. On July 25, 2008, the Plaintiff acquired the right to lease from the sectional owners of the instant commercial building, and entered into a lease sale contract (hereinafter “instant lease sale contract”) with the Defendant on the five-story unit (3.9mm2 of the instant commercial building) of the five-story unit in the instant commercial building, as shown in the attached list, on the lease sale price of KRW 74,00,000 (excluding value-added tax) as shown in the attached list.

C. (1) around February 2010, the Defendant won the 5th floor 209 store (hereinafter “instant store”) from the drawing of the store under the instant lease contract. The exclusive use area of the instant store is 3.90 square meters and its unit area is 11.94 square meters and its unit area is 11.94 square meters.

B. On March 19, 2010, the Plaintiff issued the details of the settlement and notified the Defendant of the settlement by April 30, 2010, when the Plaintiff settled the amount according to the exclusive use area (based on 3.9 square meters) and the “rental deposit” was to be paid until April 30, 2010. The sale price determined after the settlement under the above settlement details is KRW 73,822,00 (based on 34,772,000 + other sale price + KRW 35,50,000 + value-added tax 3,50,000 + value-added tax 50,000).

On the other hand, the defendant is the plaintiff of this case.

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