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1. The Defendant: 59,640,833 won to Plaintiff A; 39,362,949 won to Plaintiff B; and 20,277,884 won to Plaintiff C; and each of the said money.
Reasons
1. Basic facts
A. On September 24, 2015, E Co., Ltd. (hereinafter “E”) leased lease deposit to F each real estate listed in the separate sheet (hereinafter “each real estate of this case”; the land listed in paragraph (1) of the separate sheet (hereinafter “instant land”; and the building listed in paragraph (2) of the separate sheet (hereinafter “instant building”); and the facilities listed in the separate sheet (hereinafter “instant facilities”) and the gas station (hereinafter “the instant facilities”; hereinafter “the instant facilities”); and the lease deposit was extended from 120,000,000 won to 21,960,000 won each of the instant real estate and each of the instant facilities; hereinafter the same shall apply) to the owner of the instant land to 300,000,000 won to 120,000 won to 21,960,000 won to 300,000 won to 15,000,000 won to 30,000.
(hereinafter “instant lease agreement” and the right to lease under the said contract is “the instant lease”). B.
F operated a gas station in the instant gas station with the trade name “H” (hereinafter “H”), and around November 2015, the Defendant registered the gas station as a joint business proprietor of H and sublet the instant gas station to the Defendant.
C. On August 2, 2016, F agreed to transfer H’s goodwill and the instant right of lease to the Defendant.
Since then, the defendant occupies the gas station of this case, and independently conducts the gas station business.
E On March 23, 2018, the Incheon District Court 2018Gahap53008 (hereinafter “F”) filed a lawsuit claiming the name of the building that “The instant lease is terminated on the ground that F transferred or sub-leaseed the instant lease without permission.” As such, the Defendant and F filed a lawsuit claiming the Plaintiff to transfer the instant building and facilities.”
(hereinafter referred to as “a separate lawsuit”). E
The plaintiffs purchased gas stations of this case from E, and on September 19, 2018, on the land of this case, the plaintiffs purchased gas stations of this case.