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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2.The addition is made by this court.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On January 26, 2015, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant contract”) with the Defendant to pay 100,000,000 won (hereinafter “instant security deposit”), monthly rent of KRW 3,300,000, and the term of lease from January 26, 2015 to December 19, 2016. The Defendant did not claim any change in the facilities of the gas station and did not claim any right. Road occupation and use fees do not amount to 1/3 of the amount imposed on the Defendant (hereinafter “instant contract”). At that time, the Defendant paid 10,000,000 won to the Plaintiff according to the instant contract, and the Plaintiff delivered the instant lawsuit to the Defendant on May 25, 2015.
B. On January 2015, the Defendant reported that he/she succeeded to the status of the business operator of the petroleum retail business (gas station) listed in the attached Table 3 with respect to the gas station in the instant case to the public market operator, and received the registration of the petroleum retail business (gas station) from the public market on February 2, 2015. On February 23, 2015, the Defendant reported that he/she succeeded to the status of the installer of the hazardous material manufacturing station, etc. listed in the attached Table 2 with respect to the gas station in the instant case from D, and received the completion certificate of the construction completion of the hazardous material manufacturing factory, etc. from the public fire station in Chungcheongnam-do, Chungcheongnam-do.
C. On December 22, 2016, which is after the expiration of the lease term stipulated in the instant contract, the Defendant asserted that the instant contract was terminated as of December 19, 2016, and that the instant contract was terminated on December 30, 2016, and sent a certificate of content to the Plaintiff, claiming the return of the instant deposit by December 30, 2016, and the Plaintiff received it on December 23, 2016.
From January 1, 2017, the Defendant discontinued the operation of the instant gas station, and on October 30, 2017, the Plaintiff.