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(영문) 청주지방법원 2015.06.03 2015가단100938

토지인도

Text

1. The Defendants shall deliver to the Plaintiff each real estate listed in the separate sheet Nos. 1 and 2.

2. The Defendants jointly do so.

Reasons

1. Facts of recognition;

A. As a local government, the Plaintiff is the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), which is a public property, and the person delegated the administrative affairs concerning the management of the real estate listed in the separate sheet No. 2, which is State property (hereinafter “instant real estate No. 2”).

B. (i) On November 26, 2009, the head of the office of education of the office of education of the plaintiff's office of education, including loan agreements and permission for use, entered into a loan agreement with the non-party A and the attached Form 1 (hereinafter "the real estate of this case") to lend the real estate as stated in the attached Table 1 (hereinafter "the real estate of this case") from November 26, 2009 to November 25, 2014; the loan fee is KRW 22,550,000 in the first year; and the second year after the second year to the head of the office of education of the office of education of the office of education of the Gacheon-cheon Office of Education in accordance with the Public Property and Commodity Management Act; and transferred the real estate of this case to A

on November 26, 2009, the head of the District Office of Education Office of Luxembourg Office of Education (hereinafter referred to as “instant 2 real estate”) determined the amount publicly notified by the head of the District Office of Education in accordance with the State Property Act for the first year from November 26, 2009 to November 25, 2012 during the period of use of the real estate listed in attached Table 2 (hereinafter referred to as “instant 2 real estate”) to A, and the user fee was paid by the head of the District Office of Education in accordance with the State Property Act for the second year, and was handed over the instant 2 real estate after the Defendants acquired the status of a person who has obtained permission after the second year and possessed it until now.

C. According to Articles 3 and 4 of the Loan Agreement and Articles 31(3) and 32 of the Enforcement Decree of the Public Property and Commodity Management Act, the loan charges of this case for the first year shall be determined by the highest bidding, and the loan charges for the second year after the second year shall be determined by taking into consideration the change in the relevant property value (the loan charges for the first year determined by bidding) ¡¿ (property price for the pertinent year calculated under paragraph (2)) ¡À (property price for the pertinent year as at the time of bidding calculated under paragraph (2)).