beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
(1) From May 16, 1997, the Plaintiff shared a building related to 1,548 square meters of land for a factory in Yangju-si, the mother, and a building related to 2nd floor of reinforced concrete tanks (hereinafter “instant land”) in proportion to 1/2 shares, respectively.
(2) From May 22, 1997, the Plaintiff engaged in the automobile maintenance business with the trade name “E” in the instant building from May 22, 1997, and reported the closure of business on January 20, 1998.
After that, the Plaintiff and C had leased the instant building to F, G, etc. and operated the automobile maintenance center under the trade name of F, G, etc., “H industry company” in the instant building.
(3) As of April 1, 2006, the Plaintiff and C, and the Defendant entered into a lease agreement with the Plaintiff and C on the condition that they use the instant building as the automobile maintenance shop. The Defendant registered as the business operator of the instant maintenance shop on April 19, 2006.
However, the Defendant did not actually operate the instant maintenance shop, and G actually operated it.
(4) The instant land was incorporated into a site for a project implemented by the Korea Land and Housing Corporation (the Korea Land and Housing Corporation before the merger), and the Defendant received total of KRW 174,433,30 on December 30, 208, a sum of KRW 54,400,00,000, and KRW 120,03,330,000,000 for business compensation (hereinafter “instant business compensation”), and the obstacles compensation are “the instant obstacles compensation”; and thereafter, 10,000,000,000 won was transferred to the account designated by C; and 8,939,680 won was used for the refund of the key money for lease on a deposit basis in the instant maintenance center, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 4-6, Gap evidence 8-1 and 2-2, fact inquiry results of the court of first instance against the Korea Land and Housing Corporation.