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(영문) 수원지방법원 여주지원 2018.02.14 2016가합5657

구상금

Text

1. The Defendant’s KRW 201,288,930 as well as the Plaintiff’s annual rate from May 25, 2016 to February 14, 2018.

Reasons

1. Basic facts

A. On May 18, 2001, the Defendant completed each registration of ownership transfer on June 5, 2001 with respect to the building of 1,493 square meters (the land category was changed to a gas station site on December 18, 2002; hereinafter “instant land”) and the second floor above the ground (hereinafter “instant gas station”) in Yangju-si, Yangju-si, with her husband C, on the ground of a successful bid due to a voluntary auction on June 18, 2001, and C died on October 18, 2001, the Defendant independently owned the instant land and gas station.

B. On March 25, 2004, the Plaintiff leased the instant land and gas station KRW 100,000,000, monthly rent of KRW 6,000,000 (including value-added tax) from the Defendant, and the lease period from April 1, 2004 to 98 months (hereinafter “the lease of this case”).

At the time of entering into the instant lease agreement, the Plaintiff and the Defendant determined that the maintenance expenses for the operation of the gas station (including various taxes, public charges, usage fees, etc.) and the maintenance and repair expenses, etc. shall be operated at the lessee’s expense.

C. As the instant land was incorporated into the E Housing Site Development Project District implemented by the Korea National Housing Corporation, the Defendant entered into a contract for consultation and sales with the Korea National Housing Corporation on February 3, 2009 regarding the instant land and gas stations, etc. Accordingly, on February 17, 2009, the Defendant received a total of KRW 4,961,986,910 for compensation from the Korea National Housing Corporation.

The Korea National Housing Corporation shall complete the registration of ownership transfer on the instant land on February 9, 2009.

On the other hand, the Plaintiff operated the instant gas station by April 30, 2012, and thereafter the gas station was removed.

On November 11, 2009, the Yangju Mayor ordered the Plaintiff to conduct a close inspection, as the result of the soil contamination inspection on the gas stations of this case, which was implemented by the Han River Basin Headquarters on October 26, 2009, the numerical value of the tank around the tank (TPH: 11,826, BETX: 208.9) exceeds the soil contamination risk level (TPH: 2,000, BETX: 80), and then the result was removed after conducting the close inspection.