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(영문) 대전지방법원 2019.02.14 2018가단212792
토지 및 건물 인도청구의 소
Text

1. The counterclaim Defendant: 47,078,00 won to the counterclaim and 5% per annum from July 26, 2018 to February 14, 2019.

Reasons

1. Facts of recognition;

A. On June 1, 2015, the Plaintiff leased the entire real estate listed in the attached list from the Defendant, facilities, such as the main or underground tank, installed in the relevant location, and all the right to permission for the gas station business, as well as the right to permission for the gas station business, as a lease deposit, KRW 100 million per month, and KRW 300,000 per month (excluding value-added tax), and the lease period from the commencement date of the business to two years (if either of the parties does not indicate in writing at least three months before the expiration of the lease period, the lease period shall be extended automatically by one year), and thereafter, the lease period was extended to May 31, 2018.

(hereinafter “instant lease agreement”). B.

The plaintiff above A.

On June 7, 2015, 15, 398,727 won was paid to C as premium in return for the transfer of all tangible and intangible facilities for the oil station business from C, the tenant of the object mentioned in the paragraph, to C.

C. On May 26, 2015, the Plaintiff entered into a facility support contract with D Co., Ltd., with a six-year contract period as to the main half of KRW 33,400,000. On the same day, the Plaintiff entered into a facility support contract with E Co., Ltd. and E Co., Ltd with a five-year contract period as to the part of KRW 6840,000 (which means the original cover over the signboard).

Since June 1, 2015, the plaintiff is entitled to the above A.

In the subject matter described in paragraph (1), the gas station business was conducted under the trade name of “F station.”

(hereinafter “instant gas station”). D.

On January 10, 2018, the Defendant notified the Plaintiff of the termination of the instant lease agreement as of May 31, 2018.

E. On April 25, 2018, the Plaintiff entered into a premium contract with G Co., Ltd. (hereinafter “G”) and “all intangible property, such as business facilities, equipment, etc. of the instant gas station, such as all types of property, business credit, business know-how, and business interest, etc. according to the location of the commercial building,” with the content that the Plaintiff would receive premium of KRW 90 million in return for the transfer of the entire intangible property, such as business facilities, equipment, etc. of the instant gas station.” H supported the special terms of the said contract.

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