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(영문) 수원지방법원여주지원 2016.10.11 2015가단25749
가스탱크등 철거
Text

1. In the case of the Defendant (Counterclaim Defendant) the Plaintiff (Counterclaim Defendant) indicated on the attached Table 1, 20.79 square meters among the 6009 square meters of the school site B in Leecheon-si and attached Table 2.

Reasons

1. Basic facts

A. Status 1 of the party concerned is the Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”).

B) The school site B is 60094m2094m2 (hereinafter “instant land”).

2) The Plaintiff’s interest as owner and C 10316 square meters (hereinafter “instant land 2”).

(2) The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was the owner of a gas tank and its affiliated facilities installed on the ground of the attached Table 4, among the instant land No. 1, and the owner of a gas tank and its affiliated facilities installed on the ground of the attached Table 1, 20.79 square meters, attached Table 2, 15.18 square meters, and 3.89 square meters among the instant land.

B. (1) On August 2006, the Plaintiff: (a) around August 2006, the F representative G and the “facility leasing and LPAS supply contract” (hereinafter “instant contract”) refers to the instant contract.

(A) The main contents of the instant contract (No. 1) are as follows. Article 1 (Installation of Facilities and Supply Price of Facilities)

1. A (F representative G) shall install the installation on the upper surface display at a place designated by B (E University) and supply the display price on the upper surface;

2. The price referred to in paragraph (1) shall be adjusted automatically according to changes in the prices of oil refinings and importers.

Article 3 (Term of Contract)

1. A shall supply B with LP gas for seven years from September 1, 2006 to August 31, 2013.

2. A or B shall have expressed to the other party in writing one month prior to the expiration of the contract and, unless the other party expresses his intention to terminate the contract, it shall be deemed to have been renewed under the same conditions for three years.

Article 4 (Ownership of Facilities)

1. During the contract period, A may use a trademark or any other indication indicating that he/she owns the ownership of a facility and owns the facility A;

2. Principal duty after the expiration of the contract period;

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