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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from July 25, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. Around May 201, the Plaintiff entered into a contract between the Plaintiff and the Defendant with respect to the land use that the Plaintiff consented to the use of the land for the 127 square meters, F miscellaneous land, F 1,903 square meters, the building charging station for liquefied petroleum gas (hereinafter “instant LPP charging station”) and G forest 1,046 square meters (hereinafter “each real estate of this case”), which are included in the said new construction site, to the Defendant, who carries on a new apartment construction project in Tong-si, Si, Si, and Dong-si.
On November 2012, the Plaintiff sold each of the instant real estate to the Defendant. In the event that the Plaintiff occupied and used the instant real estate, and the Plaintiff demanded the Plaintiff to deliver and transfer ownership as a result of his/her business needs, the Plaintiff agreed to deliver the remainder to the Plaintiff immediately after receipt of the payment. The Plaintiff received KRW 200,000,000, out of the purchase price of KRW 3,030,000 from the Defendant.
B. On March 7, 2014, the Plaintiff, including the conclusion of a lease agreement between the Plaintiff and H, concluded a lease agreement (hereinafter referred to as “instant lease agreement”) with respect to the instant LPG charging station and the instant LPP charging station and its site, with the term of KRW 200,000,000, monthly rent (excluding value-added tax) and KRW 4,50,000, monthly rent (excluding value-added tax), from March 27, 2014 to March 31, 2017.
The main contents of the lease contract are as follows:
Article 6 (Cancellation of Contract) 2) If, during the lease period, a land and a charging station in the situation of “A (Lease A; hereinafter the same shall apply)” is sold to a third party (a apartment or any other apartment or any other apartment) during the lease period, A may cancel the deposit by compensating for 20% of the deposit amount as penalty to “B (A)” (hereinafter the same shall apply) and at any time. B shall compensate for 20% of the deposit amount as penalty upon cancellation of the contract during the lease. B shall compensate for the penalty to A. (a) for all of the expenses for the operation of the filling station (such as taxes and public charges - electricity taxes, water taxes, road occupation charges, etc.) - The expenses related to real estate (property tax, aggregate land tax, etc.
H Co., Ltd. is the instant case from March 12, 2014.