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(영문) 서울중앙지방법원 2014.09.18 2013가합562377

건물명도 등 청구

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate and facility listed in Schedule 1 to 9;

(b) 1.

Reasons

Basic Facts

On July 1, 200, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on the whole of the site and its ground indicated in [Attachment 1] Nos. 1, 1, 2, 3, 5, 6, and 7 of [Attachment 1], and three liquefied petroleum gas charging stations listed in Annex 1 List No. 8 of [Attachment 1], and the storage tank for liquefied petroleum gas listed in Annex 1 List No. 9 (hereinafter referred to as “instant gas filling facilities”), with the lease term from July 1, 200 to December 31, 200; the monthly rent without the lease deposit is determined by the agreement between the Parties according to the separate rate and method determined by the Plaintiff (hereinafter referred to as “instant lease agreement”).

According to the instant lease agreement, the Defendant operated a liquefied petroleum gas charging station under the trade name, “the first filling station” after receiving the instant site and building and the instant gas filling facilities from the Plaintiff. Around 2009, the Defendant, with the Plaintiff’s consent, installed the real estate listed in attached Table 1(4) on the instant site (hereinafter “instant warehouse”; and the instant site and building, and the instant gas filling facilities, collectively referred to as “instant filling station”).

On January 1, 2013, the Plaintiff and the Defendant agreed on the instant charging station’s monthly rent of KRW 17 million (excluding value-added tax); the term of lease and the term of application for rent from January 1, 2013 to December 31, 2013; however, when the Plaintiff wishes to sell the instant charging station, the Plaintiff entered into an agreement that the instant lease may be terminated at any time with prior notice (hereinafter “instant agreement”).

After that, the Plaintiff entered into a sales contract for the instant charging station on November 11, 2013 with Eraton Gas Co., Ltd., which was selected as a purchaser through a bid conducted around October 2013, and the Plaintiff entered into the sales contract for the instant charging station on November 13, 2013 and November 22, 2013.