beta
Text
1. The Defendant’s KRW 200,000,000 as well as the annual rate of KRW 5% from February 18, 2015 to November 19, 2015 to the Plaintiff.
Reasons
1. Grounds for recognition;
A. On November 2007, the Plaintiff and the Defendant: (a) on August 25, 2008, the instant land owned by the Defendant was subject to registration conversion into KRW 3,228 square meters of Gangwon-gun, Seoyangyang-gun; and (b) on August 25, 2008, the instant land was divided into KRW 1,653 square meters of land for D gas stations and KRW 1,635 square meters of land for E forest and land.
(2) On November 2, 2007, the Defendant agreed to construct a new building and operate a gas station business (hereinafter “instant agreement”). On November 22, 2007, the Defendant leased the instant land to the Plaintiff free of charge from November 22, 2007 to November 21, 2027, and recognized superficies on the building constructed on the instant land for business purposes by the Plaintiff. At the expiration of the lease term, the Defendant concluded a lease agreement with the Plaintiff to purchase the Plaintiff’s building and business rights or to purchase the Defendant’s land.
B. The Plaintiff, upon obtaining a building permit on June 19, 2008 and constructed three Dongs of gas station building on the instant land (hereinafter “instant building”), changed the name of the owner to the Defendant around August 2008.
C. Meanwhile, on July 29, 2008, immediately before the change of the name of the building owner, the Defendant created a lease contract with the Plaintiff as KRW 200 million (hereinafter “instant lease contract”) regarding the instant building, and on July 30, 2008, set up a collateral security of KRW 200 million with respect to the instant land (hereinafter “instant collateral security”).
On April 1, 2009, the registration of ownership transfer was completed in the future for the defendant on April 1, 2009, and on June 16, 2009, the registration of ownership transfer was completed in the F future on the grounds of sale with respect to the land and building in this case.
E. Meanwhile, the registration of the establishment of a neighboring mortgage of the instant case was cancelled on March 4, 2009 on the grounds of termination on the same day, and the Plaintiff against the Defendant as Seoul Western District Court No. 2011Ga31884.