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(영문) 부산지방법원동부지원 2017.05.19 2016가합100651

토지인도 등

Text

1. The part concerning the claim for removal among the lawsuits in this case shall be dismissed.

2. The Defendants jointly do so to the Plaintiff:

A. Attached Form 1.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is a state-owned real estate, the Republic of Korea (Planning Ministry) of which completed the registration of ownership transfer as of January 23, 1986 and April 26, 1982, and the Plaintiff is delegated by the Minister of Strategy and Finance with the duties of managing and disposing of the instant real estate pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act.

B. On January 12, 2010, the Plaintiff concluded a loan agreement on the instant real estate (hereinafter “instant loan agreement”) with Defendant Sea Plus Co., Ltd. (hereinafter “Defendant Sea Plus”).

The details of the instant loan agreement are as follows.

The loan contract for state property(A No. 12-1) was cited by extracting only the provisions related to this case.

The same special agreement is also the same.

Description of the property: The purpose of the use of the property leased under Article 1 (Purpose of Use) of the real estate in this case shall be the office site and the garage site.

Article 2 (Lending Period) The lending period shall be from January 12, 2010 to January 11, 2015.

Article 3 (Loan Charges) Rent shall be KRW 15,249,430 per annum, and shall be divided by surtax.

Section 5 (Preservation of Loan Property) In this Agreement, “A” means the Plaintiff; “B” means Defendant Sea Plus Co., Ltd.

A shall be bound to preserve the leased property with the care of a good manager, and shall not claim against A the expenses required for the total repair, the expenses disbursed for the facilities established for the business, and other expenses incurred for the repair without the approval of A.

Article 7 (Restrictions on Activities of Persons Eligible for Loans) No person shall engage in any of the following conduct without A's approval:

1. Change of the purpose of use;

2. Change of the original state of leased property;

3. In cases falling under any of the following subparagraphs, Gap may cancel this contract for the installation of facilities in loaned property: