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(영문) 제주지방법원 2015.05.12 2015가단50032

건물명도

Text

1. The defendant

(a) Of the buildings listed in the separate sheet, each point of Annex 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

가. 원고는 2011. 4. 1. 피고에게 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다) 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 (가) 부분 식당 및 스낵 코너 253.54㎡(이하 ‘이 사건 점포’라 한다)에 대하여 허가기간을 2011. 4. 15.부터 2014. 4. 14.까지로 정해 항만시설 사용허가를 하였고, 연간 사용료를 2,000만 원(부가가치세 별도)으로 정하였다.

B. On March 14, 2014, the end of the pertinent permission period, the Plaintiff: (a) announced a public announcement of user selection for the instant store; (b) on March 25, 2014, B awarded a contract in KRW 38 million annually (excluding value-added tax) was selected as a new successful bidder.

On April 2, 2011, the Plaintiff granted permission to use the instant store from April 15, 2014 to April 14, 2017.

C. On April 4, 2014, the Plaintiff was selected as a new user for the instant store through a tendering procedure to restore the facility to its original state. However, where the newly selected user agreed to acquire the facility within the instant store, the Plaintiff sent an official document stating that reinstatement is unnecessary. The Defendant did not recover the instant store on the ground that he did not receive the expenses for restaurant goods and facility investments from B.

B Based on this, the plaintiff filed an application for the cancellation of a port facility pilot license with the plaintiff, and the plaintiff revoked the permission and refunded the bid deposit amount of KRW 1.9 million to B.

On July 15, 2014, the Plaintiff issued the first advance notice to the Defendant regarding the indemnity on the ground of the unauthorized use of harbor facilities, and issued the second advance notice on November 3, 2014, and the imposition period of November 17, 2014 (200 days) from April 15, 2014 to October 31, 2014 (20 days) was 24,986,300 won (i.e., the annual usage fee of the new successful bidder for the instant store 38 million won x 200 days x 365 days x 120% x less than won).