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Reasons
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(영문) 의정부지방법원 2016.05.20 2015가합51804
건물명도
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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 50,000,000 and its amount from September 10, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 31, 2010, the Plaintiff entered into a contract with the Plaintiff and the Defendants. The Plaintiff is a land owned by the Plaintiff and the building “E gas station” on the land owned by the Plaintiff and its ground (hereinafter “instant gas station”).

A) The sales contract for the purchase price of KRW 1,000,000 for KRW 1,000 (hereinafter “instant sales contract”) is deemed as the sales contract.

(2) On August 31, 2013, the Plaintiff concluded a loan agreement with Defendant B to pay the said purchase price on the same day. (2) On the same day, the Plaintiff settled the amount of the money borrowed from Defendant B up to that time by the Plaintiff, as KRW 265 million, and written a loan agreement to pay the said KRW 265 million to Defendant B up to August 31, 2013.

3) On October 18, 2010, the Plaintiff entered into a lease contract with Defendant C as to the instant gas station building as KRW 100 million; the lease period from August 31, 2010 to August 31, 2013; and the Plaintiff and Defendant B decided to substitute the above lease deposit amount of KRW 100 million for the provisional contract amount, which Defendant B paid to the Plaintiff according to the provisional contract concluded on October 6, 2009 regarding the building and site of the instant gas station.

5) Defendant C operated a gas station at the building of the instant gas station in accordance with the aforementioned lease agreement. Defendant B sent to the Plaintiff a certificate that the instant sales contract was rescinded on July 22, 2013, and did not pay KRW 1,015,000,000,000 on August 31, 2013, which was the date of the payment of the purchase price. (B) The Defendants were to pay the Plaintiff the above loan amount of KRW 265,00,000,000,000 to the Plaintiff; and Defendant C returned the lease deposit of KRW 100,000,000,000,000 to the Plaintiff on the ground that the lease agreement was terminated upon the expiration of the period.

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