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(영문) 인천지방법원 2016.11.18 2016가합51640

약정금

Text

1. The Defendant’s KRW 906,042,321 as well as the Plaintiff’s annual rate of KRW 6% from September 30, 2016 to November 18, 2016.

Reasons

1. Facts of recognition;

A. On March 28, 1995, the defendant, who is a corporation engaged in a warehouse business, etc., obtained permission to use harbor facilities for the purpose of ship scrapping and scrap railing with respect to the portion of 10,049.3 square meters in the attached Form 1, 2, 3, 4, 1000 square meters in the part of "E" (hereinafter "the real estate of this case") among the 36 miscellaneous land 9,588.6 square meters in Incheon Jung-dong 36 and 18,78 square meters in the 37 miscellaneous land from Jung-dong, Jung-dong, Jung-gu, Incheon from the chief of the regional maritime affairs and fisheries office of Jung-gu, Incheon, and the head of the regional maritime affairs and fisheries office of Jung-gu, Incheon. The lease contract of this case was continued to be renewed since it was concluded between the plaintiff to whom the ownership of the real estate of this case was transferred with respect to the real estate of this case, and the lease contract was finally concluded between 15 and 17.7.

Article 6(4) of the instant lease agreement provides that “In the event the Defendant occupies the leased property without returning it to its original state even after the expiry of the lease term or the contract is terminated, the Defendant shall pay to the Plaintiff an amount equivalent to 120% of the usage fee calculated in accordance with Article 29 of the Enforcement Decree of the State Property Act for the period of unauthorized occupancy (hereinafter “agreement provision”).

B. On December 11, 2012, the time following the termination of the instant lease agreement, the Plaintiff notified the Defendant that the instant real estate should be restored to its original state upon the termination of the instant lease agreement, and the instant lease agreement terminated on December 31, 2012.

C. On April 15, 2013, the Defendant asserted against the Plaintiff the purchase of provisional facilities, such as bonded warehouses, etc., connected to the instant real estate, and filed a lawsuit claiming for land purchase.