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(영문) 인천지방법원 2015.12.18 2014가합4237

건물인도등

Text

1. The Plaintiff (Counterclaim Defendant) and the appointed party C are as follows: KRW 15,313,334 and this is against the Defendant (Counterclaim Plaintiff, the appointed party) and the appointed party C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

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.

1) D As of November 22, 2012, each real estate listed in the separate sheet No. 2 (hereinafter “instant gas station”) between the Plaintiff and the Plaintiff.

A) A contract was concluded with each of the terms of KRW 50,000,000 for lease deposit, and KRW 6,500,000 for each of the lease deposit (value-added tax separate), and the Plaintiff paid KRW 50,00,000 for the lease deposit to the Plaintiff. The main contents of the above lease agreement are as follows. (ii) D transferred the Plaintiff’s right to return the lease deposit to the Defendant on March 11, 2013.

B. The Plaintiff and the Defendant entered into a lease contract and the payment of rent 1) Defendant and the appointed party C (hereinafter “C”).