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(영문) 서울중앙지방법원 2018.07.25 2017가단5206888

건물명도(인도)

Text

1. Of the two floors of real estate listed in the attached Table 1 list to the Plaintiff, the Defendant shall indicate 1, 2, 3, 4, 5, 6, and 1 of Attached Form 2.

Reasons

1. Determination on the cause of the claim

A. The following facts may be acknowledged if the facts of recognition are added to the statements in Gap evidence Nos. 1 to 17.

1) On March 21, 2005, the Plaintiff completed the registration of transfer of ownership on the real estate listed in the separate sheet No. 7752, Mar. 7, 2005, the Plaintiff completed the registration of transfer on the ground of donation on March 7, 2005.2) On May 8, 2015, the head of the National Defense Facility Headquarters B facilities Headquarters B, the head of which, among the two floors of the real estate listed in the separate sheet No. 1 on May 8, 2015, publicly announced the general competitive bidding (electronic bidding) for “use: KONEX, the minimum calculated price, 5,905, 120 won, and 5 years for permission for use of State property (building)” (hereinafter “instant store”). The head of the National Defense Facilities Headquarters B facilities Center was awarded a successful bid in the competitive bidding.

3) Accordingly, on June 15, 2015, the head of the National Defense Facility Headquarters B, based on Article 30 (Permission for Use) of the State Property Act and Article 27 (Method of Permission for Use) of the Enforcement Decree of the same Act, he/she granted permission to use the instant store “from June 28, 2015 to June 27, 2020 (five years), including “the purpose of use and other (Korean KONEX), the period of use from June 28, 2015 to June 27, 2020,” and “the annual amount of 85,000,000 won.” (4) On February 1, 2017, the Defendant received a delivery of the instant store from the KCA and operated D and KONco, the Defendant’s wife, by the date of the closing of the instant case.

5) On June 8, 2017, the Dispute Resolution Co., Ltd. prepared and submitted “written waiver of permission for use of state property” to the Plaintiff, and D also prepared a “written consent for waiver of permission for use of state property” with the purport that “A person and the company obtain permission for use of the instant store in the general competitive bidding of state property publicly announced by the asset disposal system (ion-Sad) and the company’s circumstances, give up all rights related to permission for use.” 6) The Plaintiff revoked permission for use to the Dispute Resolution Co., Ltd on July 31, 2017, following the waiver of permission for use by the Dispute Resolution Co., Ltd.