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(영문) 의정부지방법원 고양지원 2017.04.26 2016가합75510
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 20, 2006, the Plaintiff, on January 15, 2007, was changed to the category of the gas station site from the forest land of 320 square meters in Il-dong, Seoyang-gu, Busan-si, Seoyang-si, the Defendant and the Plaintiff changed to the gas station site site from January 15, 2007. On November 19, 2007, the Plaintiff was transferred to the Ilyang-si, Seoyang-gu, Busan-si

D The land category of gas station was changed from January 15, 2007 to gas station site on the same day, and on November 19, 2007, 320 square meters of gas station site was transferred from the Sinyang-si, Busan-si, Busan-si, and its area was 1,304 square meters.

(2) On January 25, 2016, each of the instant lands (hereinafter “each of the instant lands”) drafted a real estate lease agreement with the content of monthly rent of KRW 2 million, the content of the special agreement, “a separate agreement” (hereinafter “instant lease agreement”), and certified the “agreement on the establishment of a gas station” (hereinafter “instant agreement”).

A’s agreement on the establishment of a gas station: A’s compliance with the laws and subordinate statutes of Article 1 of the Plaintiff’s Act and subordinate statutes of Article 1 of the Social Welfare Services Act and the Act and subordinate statutes of the Social Welfare Services Act, and “B”’s compliance with the relevant laws and regulations applicable to each other based on the establishment and maintenance of a gas station.

In order to contribute to the promotion of social welfare, which is the purpose of the support corporation under Article 2, a gas station shall be established as part of profit-making business to support this.

The location of Article 4 and the location of a gas station shall be limited to the area D (984m2), C (320m2), and (1,304m2/394m2) in Gyeyang-gu, Seoyang-si.

Article 5 Assets and Expenses

1. All assets and expenses necessary for the establishment and operation of gas stations shall be borne by “B” and shall also be liable for the management and operation thereof.

2. The ownership of the ground property and related fixtures (movable and immovable property) at the gas station shall not be claimed that “A” has been borne by “B”.

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