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(영문) 대전지방법원 2017.09.27 2016가합102577

건물명도 등

Text

1. The Defendant received KRW 200,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the real estate listed in Appendix 1;

Reasons

1. Determination as to the cause of claim

A. 1) On March 4, 2011, the Plaintiff and the Defendant indicated in the Attachment 1 and the facilities indicated in the Attachment 2 (hereinafter collectively referred to as the “instant gas station”).

As to the following, a lease agreement was concluded (No. 1, hereinafter referred to as “instant contract”) with the following content:

(i) All the facilities of gas stations and gas stations located in Seo-gu Daejeon Metropolitan City, Seo-gu, which are owned by a lessor, shall be the object of lease (a separate attachment): Provided, That the foregoing shall not apply to (a description of leased object), but excluding the head of business, other than the head of a car Center in the first floor. The term of the contract under Article 2 (Lease Period) shall be from April 1, 201 to March 31, 201, and Article 3 (Omission of Security Deposit and Rent);

1. A lessee shall pay 150,000,000 won in cash to a lessor simultaneously with the conclusion of this contract;

4. Until 29.29,000 won shall be paid in cash.

2. Monthly rent shall be KRW 8,000,000, and Article 4 (Omission of Remuneration, Maintenance, and Change of Structure of Objects);

1. A lessee shall maintain the object specified in Article 1 during the contract period with the care of a good manager so as to be suitable for the use thereof as responsibilities and expenses of the lessee;

Provided, That the lessor shall settle the repair and maintenance expenses corresponding to the main structural part (such as a gas station building, glick, storage tank, floor, fire wall, etc.) among the repair and maintenance expenses not caused intentionally or by negligence by the lessee or his/her employee, but the lessee shall prove that the repair and maintenance expenses are not caused intentionally or by negligence by the lessee.

Article 11 (Succession to and Reinstatement of Permission for Gas stations)

1. Where this contract is terminated due to the expiration of the contract period or the termination of the contract, the lessee shall deliver all necessary documents to the petroleum selling business of the gas station and the related permission to a third party designated by the lessor or the lessor, and shall also issue an order to return the leased object by restoring it to its original state;

2. In the case of paragraph 1 above, the inventory of the designated petroleum products.