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(영문) 서울중앙지방법원 2019.08.12 2019가합505123
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff, along with B and C, acquired the real estate listed in paragraph (1) of the attached Table No. 1, and acquired it from July 10, 2003 to “D” from each of the above real estate, is a liquefied petroleum gas filling station (hereinafter “instant filling station”).

(2) On September 1, 2005, the area where the instant charging station is located was designated as the E Housing Site Development Project Area, and each real estate listed in paragraph (1) of the attached Table was transferred to the F Corporation on the ground of a consultation on public land on December 21, 2006 and November 30, 2008.

3) On April 20, 2006, the Plaintiff entered into a contract for the transfer of a charging station business license with G on April 20, 2006 (hereinafter “instant primary contract”).

A) The Plaintiff entered into a contract. Article 1 (Purpose of the Contract) The Plaintiff’s business license for the instant charging station (hereinafter referred to as “instant goodwill”) operating in the capacity of 1/3 shares on the land stipulated in Article 2.

(1) Of the instant goodwill, the Plaintiff and G enter into a business license transfer agreement with the Plaintiff to acquire the Plaintiff’s equity shares specified below. (1) Of the instant goodwill, 1/3 (including all permitted and business rights under Article 2002-1 of the Permission for Liquefied Petroleum Gas Filling Station Act and the Business Registration No. H) of the Plaintiff’s equity shares (including the case where G directly takes over or transfers to G after the Plaintiff’s acquisition) of the land subject to the filling business scheduled to be retained within the E Housing Site in the future, and the transfer price of the goodwill under this Agreement to G immediately after acquiring all business rights, such as permission and business rights, for the liquefied petroleum gas filling business to be acquired by the Plaintiff after acquiring the housing site creation and the retention site: As of Article 2 (Indication of Business Place): I, J, and K Article 3 (Transfer Amount) of the Business License. Article 4 (Method of Payment for Transfer Price) G shall pay the Plaintiff the business license amount as follows: (1) and 500 million won shall be paid:

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