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(영문) 서울고등법원 2017.07.07 2016나2088477

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the next order of payment shall be revoked, and that part shall be revoked.

Reasons

1. The following facts in the summary of the case are either a dispute between the parties or acknowledged by considering the overall purport of the pleadings as a whole in each of the statements in Gap evidence Nos. 1 through 5, 9, 10, 14, and Eul evidence Nos. 3, 11, and 13:

A. On March 28, 1995, the Defendant, from the director of the Incheon Regional Maritime Affairs and Fisheries Office, indicated in the annexed drawings among the 36 Miscellaneous land 9,588.6 m2 and 18,778m2 in Jung-gu, Incheon, Jung-dong 3 and the 37 m28m2 in Jung-dong, Jung-gu, Incheon, the 36 m2,378m2 and the 18,778m2 in the 37 m37m2. The Defendant used the instant real estate every year after obtaining permission for the use of harbor facilities for ship steel and for the m20,049m2 in the order of each point (hereinafter “E”), with respect to the instant real estate, and continued to renew the lease after concluding the lease agreement with the Plaintiff to whom the ownership of the instant real estate was transferred, on December 1, 2006, the lease agreement was finally concluded on December 1, 2011 (hereinafter “the instant lease agreement”).

Article 6(4) of the instant lease agreement provides that “In the event the Defendant occupies the leased property without returning it to its original state even after the expiry of the lease term or the contract is terminated, the Defendant shall pay to the Plaintiff an amount equivalent to 120% of the usage fee calculated in accordance with Article 29 of the Enforcement Decree of the State Property Act for the period of unauthorized occupancy (hereinafter “the instant lease agreement provision”).

B. On December 11, 2012, the time following the termination of the instant lease agreement, the Plaintiff notified the Defendant that the instant real estate should be restored to its original state upon the termination of the instant lease agreement, and the instant lease agreement terminated on December 31, 2012.

C. The Defendant, on April 15, 2013, is the Plaintiff.