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(영문) 서울고등법원 2018.09.20 2018나2014876

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. 1) The Defendant, along with his husband C, changed the land category from miscellaneous land to the gas station site on December 18, 2002 on June 5, 2001, as indicated in attached Table 1 List 1, along with his husband C (her husband) (hereinafter “instant land”).

2) The building listed in Section 2 of the Schedule I on the ground and on its ground (hereinafter referred to as “instant gas station”).

(2) On May 18, 2001, the Plaintiff completed the registration of ownership transfer based on a successful bid on the basis of voluntary auction on May 18, 2001. As C dies on October 18, 2001, the Defendant inherited one-half of the instant land and gas stations, and owned it solely by himself. (2) The Plaintiff was a person who operated the gas station under the trade name of “H gas station” by leasing the gas station from the Defendant.

B. On March 25, 2004, the Plaintiff entered into a lease agreement on the instant land and gas station between the Plaintiff and the Defendant, etc. (hereinafter “instant lease agreement”) with the Defendant on the condition that the Plaintiff shall lease the instant land and gas station from the Defendant by setting the lease deposit amount of KRW 100,000,000, monthly rent of KRW 6,000 (including value-added tax), and the lease term of KRW 6,00,000 (including value-added tax) from April 1, 2004 to 98 months (hereinafter “instant lease agreement”).

At the time of conclusion of the instant lease agreement, the Plaintiff and the Defendant entered into an agreement with the following: “Maintenance costs (including various taxes, public charges, usage charges, etc.) incurred in the operation of the gas station, and all the maintenance and repair costs, etc. of the gas station are operated at the lessee’s expense.” 2) At the time of conclusion of the instant lease agreement, the registration of preservation of ownership of the gas station of this case was completed on October 17, 1997. At the time of the conclusion of the instant lease agreement, the registration of preservation of ownership of the gas station of this case was completed, and only the building of the gas station was newly constructed without being kept in storage tanks, gas stations, and oil pipes installed at that time. The second floor of the gas station office used as the gas station office, and the five-year storage tanks, six-year-old amusement tanks, and those installed around 1984.