beta
(영문) 창원지방법원 2014.09.05 2014구합852

시민벽보게시판 사용.수익기간만료처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff is a person who carries on the business of manufacturing signboards, steel structure manufacturing, and advertising agency with the trade name “G” from “G” in Changwon-si.

B. On November 3, 1997, H, who had operated G prior to the Plaintiff, including permission to install, use, and profit from the bulletin board of the citizen poster BC-Gu, Changwon-si, entered into a contract on the donation of the citizen poster bulletin board with the Defendant on November 3, 1997. According to the contract, G, which was produced and installed at the main points of the street discharge at Changwon-si, intended to use 200 citizen poster bulletin board (I-shaped) at Changwon-si, but G used the right to benefit from the advertisement of the bulletin board without compensation for nine years and nine months after the date of donation, to maintain and manage it in good faith. However, the Plaintiff, who operated G, was willing to re- install the J-shaped bulletin board, and the Plaintiff, who was operating G, produced and removed all the existing bulletin board from June 17, 2003 to August 30, 203 (U-B).

3) On October 16, 2003, the Plaintiff entered into a contract of donation and consignment management with the Defendant on the newly installed bulletin board. According to the contract, G donated the above bulletin board to the original city for eight years from the date of donation, and entrusted to the management of it for eight years from the date of donation, and the original and the Defendant may use the right to benefit from the advertisement of the bulletin board for that period, and extend the consultation after the expiration of the period. (4) Upon the termination of October 15, 201, the above consignment management contract was concluded on October 15, 201, the Defendant was undergoing the process of selecting the entrusted company of the B-gu bulletin board by competitive bidding, and the Plaintiff participated in the said bid and was awarded a bid in the bid amount of KRW 37,719,000 (annual rent).

At the time of 67,110,000 won, the first bidder's tender is the second bidder's, who is not qualified.