동업권확인 등
1. Upon receiving a claim for a change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 200,000,000, as well as the Plaintiff’s payment thereof.
1. Facts of recognition;
A. On July 26, 2008, the Plaintiff and the Defendant: (a) divided the instant land into 1,275 square meters in E, 1,275 square meters in E, 200; (b) 1,427 square meters in G field; and (c) 3 square meters in G field, 747 square meters in order to operate a liquefied petroleum gas charging business (hereinafter “instant business”); (c) on September 9, 2009, the said land was divided into 1,275 square meters in E field; (d) 60 square meters in M field; (e) 699 square meters in M field; and (e) 91 square meters in F field and 436 square meters in O field, respectively.
(hereinafter “instant land”) purchased KRW 208,000,000 for the price, and paid KRW 15,000,000 as the down payment on the same day.
(However, the name of the buyer in the sales contract was written only by the defendant).
On August 4, 2008, the Plaintiff entered into a contract for technical services relating to traffic impact assessment with H and liquefied petroleum gas filling stations (hereinafter “instant filling stations”). On August 5, 2008, the Plaintiff received a written consent from J of the cultivator of the instant land to use land access for geological inspection. On September 8, 2008, the Plaintiff applied for permission for the instant business under the joint name of the Plaintiff and the Defendant for permission from the Plaintiff and the Defendant. The Plaintiff obtained a joint name permission from the head of Masung-gun on September 16, 2008.
C. Accordingly, on September 22, 2008, the Plaintiff received a written consent to land use from D and four other persons to install liquefied petroleum gas charging facilities and ancillary facilities on the instant land, and the Defendant around that time contracted civil construction works to R to install the instant charging facilities.
On November 21, 2008, the Plaintiff and the Defendant obtained a loan of KRW 250,000,000 in the name of the Defendant from the Korea Association (hereinafter “K”) as collateral, and completed the registration of ownership transfer as to the instant land on the same day by paying the balance of KRW 193,00,000 in the purchase price to four other parties, and thereafter, obtained a loan of KRW 50,00,000 from K as collateral, respectively, under the name of the Defendant, on December 31, 2008. < Amended by Act No. 9307, Dec. 31, 2008; Act No. 9000, Aug. 5, 2009>
E. Since August 10, 2009, the Plaintiff and the Defendant are charged with the instant charging station to L Co., Ltd.