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(영문) 서울중앙지방법원 2016.07.15 2016가합517286
유익비
Text

1. The counterclaim claim is dismissed.

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

Reasons

1. Basic facts

A. On March 9, 2011, the counterclaim Defendant entered into a sales contract with C (hereinafter “C”) to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that constitutes the instant charging station for liquefied petroleum gas (hereinafter “instant charging station”) and its site, etc. (hereinafter “instant sales contract”), and agreed to receive KRW 700,000,000 as of October 31, 201 and pay the remainder KRW 210,000 on the date of the contract and KRW 90,000,000 for down payment and KRW 1,80,000 as of October 31, 201.

B. C brought about about KRW 43,191,265 construction costs around May 201, extended the number of persons, who were installed in the instant charging station, and the counterclaim Defendant paid KRW 17 million out of the aforementioned construction costs to the said company.

C. On September 1, 201, the counterclaim Defendant agreed to convert the instant sales contract into a lease agreement upon C’s request, and agreed to receive KRW 400,000,000 per month from the said company as the lease deposit amount of KRW 300 million, monthly rent of KRW 400,000 (Additional Tax), from September 1, 2011 to August 31, 2013, and thereafter leased the instant real estate to the said company. In addition, in return for the use of the manual and the Vice Chief of Automatic Tax (hereinafter “the Vice Chief of the instant Tax Tribunal”) installed in the instant charging station, the instant company agreed to receive KRW 4 million per month from the said company.

On September 1, 2013, the counterclaim Defendant, the lease term of which expires, re-leased each of the instant real estate to C with the lease deposit of KRW 300 million, monthly rent of KRW 300 million, and the lease term of the instant real estate from September 1, 2013 to August 31, 2014, and agreed to receive KRW 350,000 per month from the said company in return for the use of the Deputy Director General.

After that, on October 30, 2014, the counterclaim Defendant, the above lease term of which expires, set the lease deposit amount of KRW 300 million, KRW 300,000 per month of rent, and KRW 300,000 from December 1, 2014 to November 30, 2015.

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