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(영문) 춘천지방법원 속초지원 2021.02.16 2020가단20182

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each of the lands listed in [Attachment 1] Nos. 1 through 4 of [1] List 1 to 4 of the gas station site of this case (hereinafter “instant gas station site”) is used as a gas filling facility of LPG. On that ground, there are nine buildings for nine consent (hereinafter “each of the instant buildings”) and other annexed facilities (hereinafter “each of the instant buildings”) as shown in [Attachment 1] Nos. 5 through 13. The drawings are as shown in [Attachment 2].

2) As to each of the instant buildings on the instant gas station site, D Co., Ltd. (hereinafter “D”) completed the registration of transfer of ownership on August 17, 2010.

B. On August 22, 2013, E and F (the Plaintiff’s spouse) entered into a lease agreement with the Plaintiff stating that deposit is KRW 5 million as to the land office 6 square meters (19 square meters) and 9 square meters in LPG warehouse 9 square meters (31 square meters) located in the instant lease agreement. On August 22, 2013, the Plaintiff entered into a business registration with the name of G, the place of business of which is located in Gangwon-do as H (hereinafter “instant business registration”).

2) After December 1, 2013, in relation to the liquefied petroleum gas sales business in the name of E and F, the status of the liquefied petroleum gas sales business was succeeded to the status of the E and the Plaintiff’s joint name.

3) On November 1, 2017, the Plaintiff entered into a lease agreement with 50 tons “of the 50 tons of the LPG storage tank A 1 equipment and 50 tons B tank B 1 equipment,” and “facilities attached thereto (other than filling equipment and compact airs), office, container storage, etc.” (hereinafter “Lease object of this case”) with respect to the leased object, with a deposit of 10 million won, monthly rent of KRW 500,000,000,000 from November 1, 2017 to October 31, 2019 (hereinafter “lease agreement”).

(c)

1) As regards each land and building listed in [Attachment 1] Nos. 1 through 11 of [Attachment 1], the first branch L in the Chuncheon District Court on July 25, 2018 and attached Form 1.