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(영문) 대전지방법원 2016.10.18 2016나3254

임대료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff leased to the Defendant the entire management facilities, including gas stations and gas stations on the ground C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si (hereinafter collectively referred to as “instant gas station”) with the following content (hereinafter “instant lease agreement”).

(b) Deposit: 10 million won, rent: 7.5 million won per month (excluding value-added tax), and lease period: From August 2, 2014 to August 31, 2016, special agreement:

2. Where a gas station has been sold or sold within the lease period, A shall pay the amount of sales compensation to B, which shall be paid to B, and Eul shall make an order within two months without any condition when receiving the lease deposit and business compensation, and actively cooperate with the transferor (such as the provision of all documents necessary for business and the settlement, etc. by reducing the inventory of the storage tank to the maximum extent possible).

6. The automatic rent shall be paid by the lessor to the lessee at his/her expense, the rent shall be owned by the lessee, and the lessor shall reimburse the expenses incurred in installing the detailed rent at the time of the transaction of the gas station at the expiration of the contract or during the contract period, and the lessor shall pay

A, lessor B, and lessee: A (Plaintiff); B (Defendant)

B. While the Defendant was operating the gas station of this case, he did not pay rent and value-added tax to the Plaintiff from November 2014 to April 2015.

On the other hand, on March 16, 2015, the Plaintiff notified the Defendant of the fact that he/she would surrender the gas station of this case within two months according to the above special agreement to sell and sell the gas station to Nonparty D.

C. On May 17, 2015, the Plaintiff and the Defendant agreed to the effect that “The Defendant shall withdraw from the Plaintiff within one month from the date of receipt of the payment of KRW 270 million ( KRW 180 million, KRW 70 million, KRW 70 million, KRW 20 million, KRW 30 million on the ground of the gas station).” (hereinafter “instant agreement”).

Meanwhile, on the same day, the Plaintiff agreed to the lessor (the Plaintiff) when receiving a total of KRW 270 million from the Defendant and the purchaser (D) on the same day.