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(영문) 서울중앙지방법원 2020.09.23 2019가합557261

건물명도(인도)

Text

1. The defendant shall pay to the plaintiff 121,178,631 won and the interest rate of 10% per annum from September 23, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s permission to use and benefit from B shop shop stores against the Defendant (1) The Seoul Central and Medium-gu Seoul Metropolitan Government Mayor of the Seoul Central and Medium-gu Seoul Metropolitan Government (hereinafter “Seoul Central and Medium-gu Director of the Seoul Central and Medium-gu Park Project”) is delegated and managed by the Plaintiff, which is an urban park, C Park 7279m2 (hereinafter “the

(2) On December 26, 2016, the Director of the Small and Medium Enterprise Management Headquarters: (a) in accordance with Article 20 of the Public Property and Commodity Management Act, the Defendant operated the instant store in the instant case from around that time, by adding the following conditions (hereinafter referred to as “the instant conditions”) to the instant store and its site “the instant store and its site are collectively referred to as “the instant store and its site”; and (b) the Defendant operated the instant store from that time.

B The period of use under Article 2 (Use Period) of the General Conditions (No. 2-3) for Permission for Use of Store B shall be January 9, 2017 to January 8, 2020 (three years from the date of permission).

Article 3 (User Fee) (1) The user fee for the first year shall be KRW 72,220,000 ( KRW 72,220,000) the first successful bid amount.

Provided, That in calculating a monthly amount, the number of days less than one month shall be calculated on a daily basis.

(2) The permission period may be renewed within five years, including the permission period only once. In any of the following cases, the permission for use of all or part of the permitted property may be revoked at any time:

1. Where the period of use under Article 13 (Return of Property Used) expires or the property to be used is returned due to the cancellation of permission, if the property to be used is needed for public use, public use or public works, it shall be returned to the original state in the presence of the staff of the Seoul Special Metropolitan City (Seoul Metropolitan City

Article 14 (Expiration of Permission for Use)