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(영문) 인천지방법원 2019.07.19 2018가합53008
건물명도(인도)
Text

1. Defendant E and the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) are the building and buildings indicated in the attached Table to the Plaintiff-Counterclaim Intervenor (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 24, 2015, Defendant E leased all the property (hereinafter “instant gas station, etc.”) constituting a gas station, such as buildings, facilities, etc. indicated in the attached Table, from the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) to the Plaintiff (hereinafter “Plaintiff”) as the lease deposit of KRW 120,000,000, monthly rent of KRW 21,960,000 (excluding value-added tax), and the lease period from October 1, 2015 to September 30, 2018.

(hereinafter referred to as the “instant lease agreement,” and the right to lease under the said contract is deemed as the “right to lease of this case.”

Defendant E operated the gas station (hereinafter “instant gas station”) with the trade name from the leased object, and Defendant E registered Defendant F as joint business operators of the instant gas station around November 2015.

C. On April 14, 2016, Plaintiff Company completed registration of initial ownership relating to the instant gas station building.

Performance agreements.

2. The lease period of Defendant F is from August 1, 2016 to the complete sale of the G gas station building, and the complete sale conditions of the building must meet all of the following requirements:

① When the new purchaser of the pertinent building completes the transfer of registration after the payment of the remainder: (2) when Defendant E has fully repaid the loan 1,000,000,000 and interest thereon; and when Defendant E has fully repaid all the debt incurred when he/she succeeds to the permission to Defendant F (the settlement of additional debt settlement incurred when he/she succeeds to the permission shall be until August 15, 2016; and the additional amount shall be immediately after the settlement date of the balance; and (3) the additional amount shall not be completely sold until December 31, 2016.

(Defendant F’s minimum 5 months business guarantee). 3. Defendant E agrees to the following matters at the time of succession to lease to Defendant F:

(2) Defendant F is able to remodel and install additional facilities in the building and all other facilities of the relevant gas station, and Defendant F is not obligated to restore the building to its original state after the termination of the lease.

3. The commencement of business by Defendant F.

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