건물인도등
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff, the designated party).
1. Basic facts
A. The Plaintiff shall deliver the instant gas station to D by November 30, 2012 in a state in which the Plaintiff may use and take profits from the instant gas station for the purpose of lease, and the term of lease is from the date of delivery to November 29, 2015.
Article 4 (Termination of Contract) ① When D fails to pay rent more than twice consecutively (15% interest per annum shall be applied from the date of the delay, and D shall be transferred to the plaintiff or the plaintiff's designated person) ③ When D violates D's Petroleum Business Act: Where D is unable to conduct the above gas station business normally due to administrative disposition or any other unlawful matters, it shall be notified without delay to the plaintiff, and the fine for negligence shall be paid at D's expense, and civil and criminal liability shall also be borne by D.
(D) Until the resolution is reached, the Plaintiff shall refuse to pay the lease deposit). Article 17 (Matters of special agreement). (5) Article 4(3) of the Act provides that when violating the Petroleum Business Act, D shall dispose of the administrative disposition and penalty amount at D’s expense. The Plaintiff shall terminate the contract without the peremptory notice to D, and the Plaintiff shall belong to the Plaintiff in full to compensate for the loss of oil and intangible loss arising from the termination of the contract to D’s image and the gas station owned by the Plaintiff.
D on November 22, 2012, attached Form 1 between the Plaintiff and the Plaintiff
2. Each of the real estate listed in the real estate list (hereinafter “instant gas station”) entered into a contract with each of the lease deposit amounting to KRW 50,000,000 and KRW 6,500,000 per month, and paid the Plaintiff KRW 50,000,000.
The main contents of the above lease agreement are as follows:
2) On March 11, 2013, D transferred to the Defendant the claim for the return of the lease deposit against the Plaintiff. B. When both the Plaintiff and the Defendant conclude a lease contract and the payment of rent 1) the Defendant and the designated parties C, both of whom are the Defendant and the designated parties C, all.