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(영문) 서울중앙지방법원 2016.05.26 2015가합518305
부동산 인도 등
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 1,000,998,000 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 7, 2013, the Defendant entered into the instant lease agreement with the Plaintiff, each of the real estate and facilities listed in the separate sheet No. 1 (hereinafter “instant gas station”).

3) A lease agreement on the instant lease (hereinafter “instant lease agreement”).

A) B gas station has been operated with the trade name of “B gas station” and the main contents of the said lease agreement are as follows. A lease agreement shall be concluded between the Plaintiff (hereinafter “Lessee”) and the Defendant (hereinafter “Lessee”) with respect to the former C gas station (other than Seocho-gu Seoul), as follows. The leased object the lessor of which uses or benefits from the lessee shall be the object indicated in [Attachment 1 and 2] as well as all rights incidental to the use or benefit of the object as stated in [Attachment 1 and 2]. This Agreement shall enter into force on December 1, 2013; the term of the lease shall enter into force on five years from the date of commencement of its business until November 30, 2018; the term of the lease shall be three billion won per annum; the lease period of one of the two parties shall be three billion won per annum; the lease shall be extended by one million won per annum; the lease deposit shall be extended by two billion won per annum; the lease deposit shall be paid by two billion won per annum; the lease shall be extended by one year.

1. At the same time as this contract is concluded, the lessor shall request the institution specializing in soil contamination designated by the lessee to conduct the inspection of the object at the lessee’s expense, and deliver the notification of the results to the lessee before he succeeds to the status of permission for the establishment of a gas station, petroleum retail business

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