(영문) 청주지방법원 2015.03.05 2014가단9717

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(영문) 청주지방법원 2015.03.05 2014가단9717

면허권대여료 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D Terminal (hereinafter “instant terminal”) between Defendant and C as to the instant terminal

(2) Since the 337 square meters in Chungcheongnam-do, F parking lot, 1142 square meters, the above land was combined on September 15, 2009 with K parking lot 221 square meters and J parking lot 285 square meters. On October 27, 2009, L parking lot 958 square meters and M parking lot 965 square meters were combined with the above land. On November 12, 2010, the above land was combined with N parking lot 3685 square meters. The above land was combined with the building site, parking lot, etc. on its ground. However, around 208, H registered the instant terminal site and its above building as owned by the Defendant’s mother, FHH, etc. on the register, and operated the instant terminal after obtaining a license for the instant terminal business from the head of I and Guns, and the instant part of H was registered with respect to the instant terminal site under the name of 36 square meters on May 16, 2008.

3. On March 5, 2009, the Defendant: (a) purchased the instant terminal license from C on behalf of G to operate the instant terminal; (b) transferred the instant terminal to another place; and (c) concluded an agreement between the Defendant and G to pay C KRW 2,00,000 per month in return, instead of using the land owned by C in the instant terminal site as a parking lot, prior to the relocation of the terminal; and (d) concluded an agreement with C to pay C in return, the relevant major points.

Details are as follows:

1. G shall carry out to C procedures for the registration of ownership transfer with respect to the instant terminal building on the ground of the Chungcheong Franchising that he/she owns.

2. It shall exchange a lot of 285 square meters and 337 square meters in Chungcheongbuk-gu owned by G, Chungcheongnam-do;

3. C shall transfer to the Defendant all the rights as to the instant terminal license purchased from H.

4. The Defendant and G shall operate the instant terminal, which is owned by C.

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