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(영문) 의정부지방법원 2017.05.01 2016가단121888
임대차보증금
Text

1. The Defendant’s KRW 36,615,064 as well as the Plaintiff’s annual rate of 5% from May 10, 2016 to May 1, 2017, and the following.

Reasons

1. The factual basis of the dispute is that the plaintiff (hereinafter referred to as the "Plaintiff clan") is a naturally created clan formed for the purpose of the protection of graves, religious services, and friendship among the members of the common ancestor C.

Attached Form

With respect to the land indicated in the list and all of the above ground gas station buildings and gas station facilities (hereinafter collectively referred to as “instant gas station”), each ownership transfer registration has been completed in order to the Plaintiff on September 15, 2009, and August 4, 2010, in the future of the Defendant.

On October 5, 2009, the defendant registered the business with the trade name "D gas station", and started to operate the gas station of this case from that time.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 2-6, 17-17, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was that the Defendant occupied and used the instant gas station without any legal cause from September 21, 2009 to August 3, 2010, and operated the gas station business.

Accordingly, the defendant is obligated to pay to the plaintiff a legal interest or delay damages after August 4, 2010, which is the amount equivalent to the appropriate rent for the above period, and the following day of the date of termination of unauthorized Possession.

B. The facts of recognition 1) The name of the business registration of the gas station of this case is in the future of the defendant, and the defendant argued that the defendant incurred losses in the business of the gas station of this case (in light of the defendant's preparatory document dated January 11, 2017, profits and losses arising from the business of the gas station of this case are deemed to be attributed to the defendant, not the plaintiff's clan, not the plaintiff's clan.

As long as it is obvious that the Defendant had run the gas station business in the gas station of this case for his own account, the Defendant is deemed to have used and profited from the gas station of this case for its original purpose from October 5, 2009 after completing business registration.

Furthermore, during the period from September 21, 2009 to October 4, 2009, the Plaintiff also became the Defendant.

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