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(영문) 서울중앙지방법원 2016.11.11 2015나70357
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. Basic facts

A. D reconstruction project association (hereinafter “instant association”) promoted a project to build “C” commercial buildings (hereinafter “instant new project”) at the size of 4,144.3 square meters in Seoul, Jung-gu, Seoul, the land for the Gu E market and the F market (hereinafter “instant commercial buildings”).

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 February 9, 2009, the Plaintiff entered into a lease sale agreement with the Defendant on the fourth floor of the instant commercial building (hereinafter “instant lease sale agreement”) with regard to the following content:

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

The target store: 4th floor (3.9 square meters for exclusive use area of one unit) and the target type of business: Children and sports occupancy scheduled date: December 2009 (it may be changed according to the process, and the period of saleroom occupants shall be notified thereafter) (2) The specific location of the store shall be set 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) The rent out of the rent out of 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 surcharge shall be separately imposed:

(2) The sale price of KRW 48,500,000, excluding the rental deposit of KRW 38,500,000, excluding the rental deposit of KRW 38,500,000.

The payment rate of the divided payment date, details of sale price, excluding rental deposit.

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