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(영문) 수원지방법원 2018.07.19 2017가단516663

대부료반환청구 등

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. Gyeonggi-do 5,48 square meters of forest land and D forest land and two lots of land with 18,744 square meters of 18,744 square meters (hereinafter collectively referred to as “each of the instant lands”) are the idle sites of E High School, which is a public school (hereinafter “E high school”), and is the public property (general property) owned by the Defendant Gyeonggi-do (the superintendent of education of Gyeonggi-do: the superintendent of education). The management is delegated to the head of E high school according to the Public Property and Commodity Management Act.

B. On September 22, 2015, the E high school principal (Defendant B) decided to lend each of the instant lands that had been leased to the Ministry of National Defense without compensation to the Ministry of National Defense (FF company) for consideration at the end of the lease period of each of the instant lands, and on September 22, 2015, “public announcement of the announcement of the

(A) Evidence No. 1 (c)

On October 19, 2015, the Plaintiff responded to each of the instant land for the purpose of running a riding track business, and entered into a public property loan agreement (the lending period: from December 1, 2015 to November 30, 2016; the annual amount of rent: 50,000,100 won) with respect to each of the instant land between Defendant B and Defendant B, a high school guard, and paid the amount equivalent to the relevant rent (Evidence 2-1).

After that, on February 12, 2016, the Plaintiff entered into a public property loan agreement with Defendant B, the E high school principal, with respect to the area of 1,884 square meters of G forest land adjacent to each of the instant land in Gyeonggi-do (the loan period: 5 years from February 20, 2016, and 3,910,000 won per year: 3,910,000 won per annum) (Evidence 2-2), and paid the amount equivalent to the loan charges (Evidence 2-2).

(hereinafter referred to as the above contract for commercial loan is collectively referred to as “instant loan agreement”). E.

On the other hand, in order to enter each of the instant lands in the public service, the state-owned land (the Ministry of National Defense: the Ministry of National Defense), which is used as a site for a military unit by the Ministry of National Defense, should be conducted through 211 square meters out of the land of H 16,567 square meters in Gyeonggi-do H Miscellaneous land (hereinafter “instant access road”).

(A) No. 6. F. Accordingly, on March 14, 2016, the Plaintiff applied for permission to use the pertinent access road to the Ministry of National Defense (approval to use the road).