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(영문) 서울동부지방법원 2017.07.06 2016가합107217
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff, C, and D were co-owners holding one-third shares of each of the two parcels of land, including 462m2 and two parcels of land (hereinafter “Before the instant expropriation”), the Plaintiff, C, and D owned one-third shares of each of the above land’s LPG charging stations on the ground (hereinafter “instant filling stations”).

The defendant is a person who was the representative director of F Co., Ltd. (hereinafter referred to as “F”) engaging in vehicle gas filling business, etc., and is the actual operator of the above company.

Article 1 (Purpose of Contract for Transfer and Acquisition of Business Rights) With respect to the instant charging station, a contract for transfer of business rights is concluded in order for the defendant to acquire the shares of the business rights specified below.

(1) With respect to the instant charging station currently in operation, the entire business rights for 1/3 of the Plaintiff’s shares in the Plaintiff’s 1/3 of the business rights (the attached certificate of G and the business operator’s registration - any permission and business rights on the registration number H), (2) the right to acquire the Plaintiff’s shares in the LPG charging station, and any business rights such as permission and business rights for all LPG charging projects to be acquired by the Plaintiff after the creation of housing site and the acquisition of the retention site, shall be paid at the same time as this contract is concluded.

The Plaintiff shall prepare a lease contract for the instant charging station in business with the Defendant immediately after the receipt of the down payment and intermediate payment, and issue documents necessary for changing the liquefied petroleum gas-related business license and business registration certificate.

(2) The remaining sum of KRW 400,000 ( 400,000) shall be paid in the name of the Defendant within three (3) days from the date on which the proprietor’s succession on the right to permit the instant charging station’s liquefied petroleum gas filling business and the business registration certificate is completed.

Article 6. Special Provisions: This shall apply.

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