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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 do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 5:
The Plaintiff’s status as the Plaintiff entered into a comprehensive implementation contract with the Financial Reconstruction Association (hereinafter “instant association”) which promoted the new construction project of E commercial buildings on the ground and underground of 4,144.3m2 in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”) and around September 12, 2002, which is the land for the Dongdaemun-gu B market and C market, and entered into a lease-sale contract with the said company.
B. On May 26, 2008, the Plaintiff entered into a lease contract with the Defendant for the lease sale of the instant commercial building with a view to KRW 82,00,000 (excluding value-added tax) of the rent-sale price as stated in the attached list as to the two-story unit of the underground floor (area 3.9mm2) among the instant commercial buildings (area 3.9m2) among the instant commercial buildings (hereinafter “instant lease contract”).
C. Around February 2010, the Defendant won the store’s 2nd floor 75 square meters underground (hereinafter “instant store”). The exclusive use area of the instant store increased to 4.85 square meters, and the lease area including this increased to 15.72 square meters.
B. The Plaintiff issued the details of the settlement and notified the Defendant to pay the amount payable until April 30, 2010, in accordance with the exclusive use area (based on 3.9 square meters) (based on 13.22 square meters) of the rent to the Defendant. The Plaintiff: (a) notified the Defendant that the lease deposit was settled in accordance with the lease area (based on 13.22 square meters); and (b) notified the Defendant of the payment of the amount payable until April 30, 2010; (c) the rent determined after the settlement in the above settlement is KRW 105,285,60 (based on 45,780,000 + KRW 54,096,000 + value-added tax of KRW 5,409,60).
Fidelity, on the other hand,