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(영문) 서울중앙지방법원 2015.11.27 2015가단5172011
기타(금전)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 182,662,60 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on May 1, 2010.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an executing agency which entered into a comprehensive implementation contract with the East-gu Seoul Special Metropolitan City Association for Reconstruction Zone (hereinafter “instant Association”) that implements a market reconstruction project in the size of 773 large 4,144.3 square meters of the old-gu Seoul Special Metropolitan City, Dongdaemun-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Association”) to build a new commercial building B (hereinafter “instant commercial building”).

B. On July 17, 2008, the Defendant entered into a lease contract with the Plaintiff and the Plaintiff on the condition that the right of lease of the 4th floor unit of the instant commercial building (the number of specific stores was determined by drawing lots after the contract) is to be purchased, and on October 11, 2008, the lease contract with the purport that the right of lease of the 4th floor unit of the instant commercial building (the number of specific stores was determined by drawing lots after the contract) is to be purchased.

C. On February 2010, the Defendant specified the number of stores by drawing C, D, and E among the 4th commercial buildings of this case.

The rent for the lease of the commercial building of this case is KRW 91,850,000 per unit of Gu.

However, in the case of 4th floor C, the refund amount of KRW 3,276,60 has occurred due to the decrease in the size after the drawing of the store, and in the case of 4th floor D, 6,511,700 additional payments to be paid by the defendant due to the increase in size after the drawing of the store, and 320,000 additional payments to be paid by the defendant due to the increase in size after the draw of the store in the case of 4th floor E.

Accordingly, the sale price for the above 4th floor C is KRW 8,573,400 (=91,850,000 - KRW 3,276,600) in the case of the above 4th floor C, KRW 98,361,70 in the case of the 4th floor D (= KRW 91,850,000) and KRW 92,170,00 in the case of the 4th floor E (= KRW 91,850,000).

E. The final payment deadline for each of the above sales prices is April 30, 2010, and the overdue interest rate is 19% per annum.

F. The Defendant paid the sum of KRW 96,442,50 as down payment and the first intermediate payment of KRW 279,105,100 (=8,573,400 KRW 98,361,700,000).

【Legal basis for recognition】

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