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(영문) 대구지방법원 2018.03.15 2017가단119469

건물명도(인도)

Text

1. The Defendant each indicated in the attached Form No. 1, 2, 3, 4, and 1 among the second floor of the building indicated in the attached Table No. 1076.88 square meters to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 201, 201, the Plaintiff, among the two floors of the building indicated in the separate sheet (hereinafter “instant building”) owned by the State, was a bid process to select a user of and benefit from 39 square meters, and the Defendant was selected as a user of and benefit from the land.

After that, the Plaintiff, with respect to the above 39 square meters, was permitted to use the subject for the purpose of the use of the said 39 square meters to the Defendant from March 26, 2011 to March 25, 2016, and the user fee shall be KRW 1210,000 per annum, and the use fee shall be KRW 12.10,00 per annum pursuant to the Enforcement Decree of the State Property Act, and the Defendant

B. On July 16, 2013, the Plaintiff changed the period of use to March 25, 2016, with regard to the permission for the use of the Defendant and the said permission, and prepared the “special terms of contract” with the content of adjusting the user fee by the increase in the user area, among the 1,2,3,4, and 1 of the attached Form No. 1076.88 square meters of the second floor of the building indicated in the attached Table No. 39 square meters of the building as indicated in the attached Table, in sequence 1, 2, 3, 4, and 1.

And such permission for use was also made.

C. On April 20, 2016, the Plaintiff issued an additional permit to use the said permit by setting the period of use from March 26, 2016 to March 27, 2017, and the user fee as KRW 4,551,410 annually.

[Ground] Facts without dispute, entry of Gap 1 through 4 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the above facts, the period for permission to use the part of the instant case’s (A) has already expired, barring any other special circumstances, the Defendant is obligated to deliver the part of the instant case’s (A) to the Plaintiff, barring any other special circumstances. 2) The Defendant’s argument as to the Defendant’s claim is entitled to the Commercial Building Lease Protection Act, since the part (A) of the instant case’s case’s (a) falls under a commercial building as an excess, and thus, the said