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(영문) 광주지방법원 2016.04.21 2015가합2296
동업권확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, on July 26, 2008, intended to operate the liquefied petroleum gas filling business (hereinafter “instant business”), was divided into the E, F, G, and 3 lots of rice-gun E, G, and 574 square meters on September 9, 2009, E, 1,275 square meters in E, M, M, 600 square meters in M, 69 square meters in N, and 1,427 square meters in F, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun on September 9, 2009. The Defendant was divided into F, 91 square meters in F, F, 91 square meters in September 9, 2009, and O, 436 square meters in P, Ma-gun, Ma-gun.

(hereinafter “instant land”) purchased KRW 208,000,000, and completed the registration of ownership transfer on November 21, 2008.

B. On August 4, 2008, the Defendant entered into a contract for technical services for the traffic impact assessment with Nonparty H Co., Ltd. and received a written consent from Nonparty J that part of the instant land would consent to the entry of equipment and human resources for geological testing operations. On September 22, 2008, the Defendant consented to the use of the instant land as the land for the installation of liquefied petroleum gas charging facilities and auxiliary facilities.

C. On September 16, 2008, the Defendant filed an application for permission for the instant business with the head of YY-nam Gun on September 16, 2008, and obtained a license for a liquefied petroleum gas charging business.

In the process of promoting the instant project, the Defendant was granted loans of KRW 250,000,000 on November 21, 2008, KRW 50,000 on December 31, 2008, and KRW 200,000 on August 5, 2009, respectively, to NonpartyK as security, and KRW 200,000 on August 5, 2009.

E. On August 10, 2009, the Defendant completed the construction by entering into a contract with Nonparty L Co., Ltd. for the new construction of an annual liquefied petroleum gas filling station, etc., and thereafter operates the instant project from 2009 to 30 years.

[Ground of Recognition] Facts without dispute, Gap 1, 3 through 7 (including branch numbers, if any; hereinafter the same shall apply), 11 to 13, and Eul 1, and this Court.

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