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1. Defendant B’s KRW 82,803,30 as well as 5% per annum from March 13, 2018 to November 12, 2018.
Reasons
1. Facts of recognition;
A. On April 1, 2010, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.6 million, and around that time, Defendant B operated the gas station business upon delivery of the instant gas station.
B. On August 21, 2012, the Plaintiff and Defendant B concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant gas station, while maintaining the lease deposit and monthly rent as it is, with the term of lease from August 21, 2012 to August 2, 2014.
C. At the time of the conclusion of the instant lease agreement, the instant site for gas stations was scheduled to be incorporated into the site for the F Construction Project, and the Plaintiff and Defendant B agreed to pay 1/2 of the compensation to the Plaintiff (hereinafter “instant agreement”) in the event business compensation was made in connection with the instant gas station due to the progress of the “F Construction Project,” and pursuant to the said agreement, the instant lease agreement stipulated that “after the end of the instant lease agreement, E, a lessee, as to the entire right to compensate for the entire business, shall be determined and the proviso to the former lease agreement shall be considered as a course.”
G Co., Ltd. (hereinafter referred to as “G”) which is an implementer of F Construction Business, completed the registration of ownership transfer on November 21, 2016 with respect to the site of the gas station in this case on the grounds of a consultation on the purchase of land for public use on November 11, 2016. The building of the gas station in this case was registered on May 31, 2017.
On the other hand, G allowed the Plaintiff to use the instant gas station building by December 31, 2016, and accordingly, Defendant B operated the business at the said gas station even after G acquired the ownership of the instant gas station site.
E. The gas station of this case.