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(영문) 서울중앙지방법원 2014.07.23 2014가합511062

건물명도

Text

The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

The costs of lawsuit shall be borne by the defendant.

Reasons

Basic Facts

On February 4, 2002, pursuant to the former Public-Private Partnerships Act, the Plaintiff designated the Defendant as the implementer of the parking lot construction and operation business on the land listed in the attached Table No. 1 (hereinafter “instant land”) owned by the Plaintiff, and entered into a concession agreement on the same day.

The main contents of the above concession agreement are that the Defendant constructed a parking lot on the instant land, donated it to the Plaintiff, and the Plaintiff is allowed to manage and operate it for 20 years by allowing the Defendant to use it for free.

In accordance with the above concession agreement, the Defendant completed the building listed in attached Table 2 (hereinafter “instant building,” and combined with the instant land, and obtained approval for use on January 16, 2004. On February 7, 2004, the Defendant completed the registration of ownership transfer in the name of the Defendant on February 11, 2004, and completed the registration of ownership transfer in the name of the Plaintiff on February 11, 2004, and thereafter thereafter, the said building has been occupied by the right of free use.

On December 31, 2007, the Plaintiff and the Defendant changed the Defendant’s free use period to 184 days in accordance with the above concession agreement.

(2) As seen earlier, the Plaintiff had the Defendant use each of the instant real estate for about 19 years from around 2004 in accordance with the instant concession agreement, on July 28, 2003, the following facts: (a) there is no dispute over the instant concession agreement; (b) there is no evidence of No. 1, No. 4-2, No. 4-2, No. 3, and No. 1; and (c) whether the Plaintiff had the Defendant use each of the instant real estate for about 19 years in accordance with the instant concession agreement; (b) according to each of the evidence No. 1, No. 1, No. 2, and No. 3-1, No. 1, and No. 3-2; and (c) on July 27, 2011, the Plaintiff extended a loan to the Defendant on July 28, 2003 separate from the instant concession agreement.