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(영문) 대전고등법원 2019.07.17 2018나13798
소유권말소등기
Text

1. The part of the judgment of the court of first instance against the Defendants exceeding the amount ordered to be paid below.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C’s lease agreement are the owners of each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and each machinery and apparatus listed in the separate sheet No. 2 (hereinafter “instant real estate”).

On September 7, 2012, the Plaintiff entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the instant charging station (hereinafter “Defendant Co., Ltd.”) with a deposit of KRW 100 million, monthly rent of KRW 10 million, and the lease term of KRW 5 years (hereinafter “the first lease agreement”). At that time, the Plaintiff handed over the instant charging station to the Defendant Co., Ltd.

The main contents of the first lease contract are as follows:

Article 2 (Term of Lease)

2. Where the Plaintiff and the Defendant Company enter into a lease agreement for the purpose of transfer and takeover, and the Defendant Company is unable to take over, the Plaintiff may sell it to others at will during the contract period.

Article 4 (Matters to be Observed)

2. For the duration of this contract the Defendant Company must directly purchase from the Plaintiff the entire amount of the LPG products it handles and sells.

(However, matters recognized by the plaintiff according to market conditions may be directly purchased by the defendant company). Article 9 (Termination of Contract)

1. When the contract is terminated, the Plaintiff shall pay the Defendant Company a monthly deposit in cash immediately on the date when the monthly deposit is terminated, and shall settle and take over the records of the normal customer’s interest and the sales claim.

2. Where this contract is terminated, the defendant company shall immediately reinstate the subject matter at the expense of the defendant company, and promptly implement all procedures necessary for succession to the status, such as the Safety Control of Liquefied Petroleum Gas and Business Management Act, the Safety Control of Dangerous Substances,

B. The Plaintiff and Defendant B concluded a sales contract for the instant charging station around January 2016, the Plaintiff and Defendant B, who were the lessee at the time.

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